A petition by the Jacobite church seeking status quo of rights at the disputed church in Kolenchery was Tuesday denied by the Kerala High Court.
A Division Bench comprising Justice Thottathil B Radhakrishnan and Justice C T Ravikumar denied to stay implementation of the earlier court order which was in favour of the Orthodox group.
A tense situation has been prevailing in Kolenchery between the Jacobite and Orthodox factions fighting for the ownership of St Peters' and St Paul's church.
The new petition was filed after two rounds of negotiation to get the two feuding factions compromise failed.
During the court hearing, the government pleaded that both the parties have to maintain law and order and the orders issued by the court should ensure that.
The court held that maintenance of law and order is a matter of the executive and only in exceptional circumstances it becomes necessary for judicial compulsion to ensure it, according to a Times of India report.
Earlier, negotiations by the district administration and court-appointed mediators failed to bring a resolution in the matter with the Orthodox faction pushing for an early implementation of the court order.
Trouble erupted last week after a recent court order handed over complete control of the church to the Orthodox group.
An interim order declared by the Church Court in December 2007 had declared that Sunday masses at the disputed church should be conducted in a ratio of 2:1 favouring the Orthodox faction.
Society
Court dismisses Jacobite plea for ownership
By: Babu Thomas
Friday, 23 September 2011, 13:23 (IST)
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Added: Sunday, 25 September 2011, 1:52 (IST)
It is very sad to see that the orders of the respectable courts are not getting honoured and implemented. I still couldn't understand the role of mediation, even after the court has given it's clear verdict on a particular case. If this ( mediation) is allowed today, tomorrow everyone who loses a case in the court ( both criminal & civil ) will demand for the mediation, for getting a favourable/lenient verdict to their liking. If the losing party didn't had the faith in Indian Judicial System, why they went to the court in the first place? In my opinion, everyone should show the respect to the verdict of the honourable court. The losing party can always give the appeal in the higher courts, and any mistakes, if any, in the previous judgment can get corrected by the appeal court. Instead of this people should not take law in their own hands and create unwanted scenes. In this particular case I understand that Orthodox Church is only demanding the implementation of the court order. Government should take immediate steps to implement the court order. Jacobites should honour the rules of the country. After all India is not a "Banana Republic" and "NO ONE IS ABOVE THE LAW OF THE COUNTRY." Jai Hind. Joshua
Joshua, Kerala, India
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