KOCHI: The state government on Thursday filed an appeal before the Kerala High Court challenging the single judge’s order directing the District Collector to take over the Kothamangalam Cheriyapally, its precincts and all its movable properties and hand them over to the vicar of the Orthodox faction after removing those sitting on the church premises. The government in its appeal said that the directive was in conflict with the judgment of the Supreme Court in KS Varghese case.
The single judge had also directed the collector to allow the vicar to conduct religious ceremonies at the church. The Supreme Court had held that the church and cemetery could not be confiscated by anybody. It had to be with the parishioners. In fact, the single judge failed to consider its submission that in order to implement the Supreme Court’s judgment, it was necessary to identify those persons who were parishioners and who continued to have faith in the Malankara church.
In fact, it was not possible to remove the parishioners from the church and cemetery before identifying the parishioners. It was very probable that a law and order situation might arise if the Orthodox faction was allowed to enter the church before properly identifying the persons entitled to participate in the religious ceremonies. The single judge had also directed the collector to be present before the court on February 25 and explain why the directions have not been complied with yet.