A Division Bench of the Kerala High Court on Thursday ordered the Ernakulam District Collector to hand over the keys of Mulanthuruthi Marthoman Church to the Orthodox faction vicar forthwith.
The Bench comprising Justice A.M. Shaffique and Justice Gopinath P. passed the order while dismissing a few appeals filed by Jacobite faction leaders against a single judge’s directive to hand over the keys of the church to the Orthodox faction vicar.
Upholding the single judge’s directive, the Bench observed that when directives had been issued by the Supreme Court on different occasions relating to the management and administration of various churches, it was the duty of the High Court to ensure that the litigants got the fruits of the litigation which had been pending for quite a long time.
The court further said that “unnecessary, frivolous and vexatious contentions are being urged in order to overcome the law laid down by the apex court”.
Counsel for the Jacobite faction contended that the Supreme Court judgment in the K.S. Varghese case(church case) did not bind the Mulanthurthy church or the rights of parishioners who belonged to the patriarch faction in any manner.
It was argued that the majority of the parishioners belonged to the patriarch faction, which could not be lost sight while resolving the issues. When the civil court decree in the case could be enforced by the civil court itself, the High Court should not have invoked the power under Article 226 of the Constitution.
