1. The petitioner is Trust Association of Church of South India and in this writ petition, it is represented by its power of attorneys, namely, Dr. B. Vimal Sukumar and Sri Mantri Solamon Raj. The sixth respondent namely, St. Thomas (S.P.G.) Tamil Church Society (for short ‘the Church’), submitted an application to the Greater Hyderabad Municipal Corporation, the first respondent herein, with a request to grant permission for construction in the form of extension of existing Church with cellar, ground and mezzanine floors on the premises bearing No.7-1-4, near Secunderabad Railway Station. On a consideration of the application, the first respondent accorded permission on 19.06.2006.The petitioner challenges the said permission as illegal, arbitrary and contrary to the provisions of the Greater Hyderabad Municipal Corporation Act (for short ‘the Act’) and the building byelaws made thereunder.

2. Briefly stated, the facts pleaded by the petitioner are that the society for propagation of Gospal (SPG) was incorporated under the Royal Charter of His Majesty King William III of England on 16.06.1701 and that under the auspices of that society, a Church was built at Secunderabad. It is stated that on the eve of independence of India, the society merged with the Church of South India with effect from 27.09.1947 and thereafter, a trust deed was executed on 22.03.1961.Petitioner contends that the Church, together with all its properties comprising of Acs.4.60 cents, school and other properties mentioned in the schedule stood vested in the petitioner Association. It is stated that over the period, the pastorate of the Church was divided into two entities, namely Tamil and Telugu Pastorates and both the congregations were undertaking worship in the respective languages according to their convenience.

3. The Telugu pastorate of the Church filed O.S.No.143 of 1979 in the Court of the Chief Judge, City Civil Court, Hyderabad in relation to the administration of the properties of the Church. The suit was dismissed. In C.C.C.A.No.108 of 1981, filed against the same, a direction was issued to the effect that the properties of the Church can be administered by the petitioner herein. It is stated that the Tamil pastorate is being identified with different names, such as, St. Thomas SPG, Tamil Pastorate, Tamil Church, Tamil Church Society, Tamil Cathedral etc. Reference is made to certain proceedings that have ensued before various Courts and it is ultimately urged that though the sixth respondent does not have any right, title, control or possession over the Church, an application was made for making construction. The petitioner states that the first respondent was under obligation to examine the title of the applicant before permission was accorded and that the impugned permission cannot be sustained in law.

4. The writ petition is opposed mainly by the sixth respondent. It has filed a detailed counter-affidavit. Various allegations made by the petitioner vis-à-vis the administration of the Church and of vesting of its properties in the petitioner are denied. Reference is made to several proceedings, including those mentioned by the petitioner. The sixth respondent contends that the findings recorded or observations made in C.C.C.A.No.108 of 2009 are not binding on it, since it was not made as a party to those proceedings, at any stage. It is stated that the petitioner and four others filed O.S.No.40 of 2002 against the sixth respondent and seven others in the Court of the I Additional Chief Judge, City Civil Court, Secunderabad, for the relief of recovery of possession of the very property, viz., the Church building, together with the cemetery, and in that view of the matter, the plea that the petitioner is in possession and control of the Church is untenable.

5. The sixth respondent further stated that the petitioner was never in actual or effective control of the Church and that the writ petition is filed only with a view to cause