KOCHI: The Kerala High Court on Wednesday observed that it had not directed the state government to settle the dispute over the Kothamangalam church amicably and that it had only directed the district collector to take over the church and hand it over to the vicar of the Orthodox faction.
The court was responding to a submission by the state government that if the High Court passed an order when the chief minister was making an attempt to settle the dispute amicably, it would disrupt the attempt for a peaceful resolution of a long-standing dispute and peaceful implementation of the judgment of the Supreme Court.
The state also sought three months time to settle the dispute relating to the Kothamangalam church amicably. The court reminded the government that it had been a year since it had issued the directive to hand over the church to the Orthodox faction. The court made the observation on a petition filed by the Orthodox faction seeking to initiate contempt of court action against the Ernakulam collector for not implementing the court’s order.
Justice P B Suresh Kumar also expressed displeasure at the affidavit filed by the additional chief secretary, Home, seeking more time to comply with the order. The court asked what the purpose of filing an affidavit by the additional chief secretary is in the contempt case when he is not a party. “Is he taking the responsibility of implementing the order?” the court asked.
The affidavit filed by the state government is vague and does not make any commitment to the implementation of the High Court directive. It only sought to adjourn the contempt proceedings to enable the government to find an amicable resolution to the issue. It had not directed that an amicable solution should be found.
In fact, the Ernakulam district collector had earlier appeared before the court and made a commitment to implement the High Court order, the court reminded state attorney K V Sohan. Sohan submitted that if three months time was granted, the government would try to settle the dispute amicably. If the dispute could not be settled, it would seek either a legal solution or muster sufficient force and peacefully implement the directive. The court asked if three months was granted, whether the government would hand over the church to the vicar of the Orthodox faction. But the government did not make any assurance.
‘One year since directive was issued’
The state sought three months time to settle the dispute amicably. The court reminded the government that it had been a year since it had issued the directive to hand over the church to the Orthodox faction.