Kerala High Court Rules Against State Takeover of Churches in Religious Disputes

Kerala, March 25, 2026: The Kerala High Court on Tuesday (March 24) permitted appeals that challenged a 2024 order by a Single Judge, which had directed the District Collectors of Ernakulam and Palakkad to assume control of six churches linked to the Orthodox–Jacobite dispute.

A Division Bench comprising Justice Anil K. Narendran and Justice Muralee Krishna S. delivered the ruling in open court, stating: "In a dispute relating to the religious affairs of a church, which is a parish church governed by the 1934 Constitution, the High Court cannot direct the civil administration to take over possession of the church. In appropriate cases where repeated disobedience of the decree passed by the competent court has resulted in a law and order situation, the High Court, being the constitutional court, can render justice by granting police protection to ensure that there is no law and order issues in the conduct of religious services and other affairs to said church in accordance with the 1934 Constitution as held by the Apex Court..."

The judgment also addressed several related aspects, structured into different sections. The dispute traces back to the 1910 division among Malankara Christians, which led to the formation of the Jacobite and Orthodox factions. In K.S. Varghese v St. Peter's and Paul's Syrian Orthodox Church and Others (2017), the Supreme Court effectively granted administrative control of various churches in Kerala to the Orthodox faction.

The matter was later brought again before the Supreme Court, which set aside the directive allowing State authorities to take over the churches. The case was then sent back to the Division Bench for fresh consideration, along with specific issues identified for review.

Courtesy: LiveLaw