A Division Bench of the Kerala High Court on Wednesday reserved its verdict on the State government’s appeal filed against a single judge’s order directing the Ernakulam District Collector to take over the Kothamangalam Mathoman Cheriyapally, its precincts, and all its movable properties and hand them over to the vicar of the Orthodox faction after removing the protesters from the church premises.
The order was reserved by the Bench comprising Justice A.M. Shaffique and Justice P. Gopinath after hearing the arguments of counsels of the Orthodox and Jacobite factions and the State government.
During the hearing, the court orally observed that those who did not win the case were trying to take the law into their own hands. In such a situation, if the government did not step in, the rule of law would be affected.
The single judge had intervened in the matter in such a situation and issued the directive as the court could not have remained a mute spectator.
In fact, the government was bound to enforce the law, as otherwise the court would have to step in. The court noted that the High Court was bound by the Supreme Court order in the Church case. The court added that it was not inclined to accept anything which went against the Supreme Court verdict.
Govt.’s contention
The State government argued that the single judge’s order was erroneous. In fact, an execution petition should have been filed before a civil court for getting the Supreme Court verdict implemented as the Supreme Court judgment was only a declaration in favour of the Orthodox faction.
In its appeal, the government contended that it was not possible to remove the parishioners from the church and cemetery before identifying them.
