1. The petitioner seeks for a Writ of Mandamus directing the first respondent to conduct an investigation on Ext.P1 complaint after registering an FIR, in accordance with law. The petitioner says that he is a member of Ernakulam – Angamly Arch Diocese. Further, the petitioner has a case that the Diocese itself is considered as a constructive public trust. According to the petitioner, the administration of the Diocese, including the alienation of ecclesiastical properties are being carried out as per the provisions of the Code of Canons of the Eastern Churches, (for short, Code of Canons) and also the local law of the Diocese, (in short, the By-laws).

2. It is the further case of the petitioner that the 3rd respondent, being the Arch Bishop of the Diocese, is the trustee of the ecclesiastical properties of the Diocese. The Writ Petition proceeds on the averments that the Arch Bishop of the Diocese is the trustee of the properties of the Diocese. The 4th respondent herein is a Priest and has been serving as the finance officer of the Diocese. The 5th respondent is one of the Pro-Vicar Generals of the Diocese. According to the petitioner, the 6th respondent is a self-declared real estate agent in Kochi.

3. The Diocese wanted to establish a Medical College at Aluva, for which they wanted to acquire properties. Consequently, through five sale deeds dated 30.04.2015 and 29.05.2015, the Diocese acquired properties worth Rs.58,78,25,930/- by availing a loan of Rs.58.2 crores from the South Indian Bank, Market Road Branch, Ernakulam. Subsequently, the proposal for setting up of the Medical College could not be materialised and resultantly, the Diocese had paid an amount of Rs.6 crores by way of interest alone for the loan.

4. In order to tide over the financial crisis and to reduce the financial overload, the Finance Council of the Diocese, in its meeting held on 18.03.2016, agreed to the proposal of the 4th respondent to sell the land situated at Kalamassery and Kundannoor, and accordingly, the Finance Council entrusted respondents 4 and 5 to execute the sale deeds in accordance with other terms and conditions. Later, the Consulters' Forum, in its meeting held on 6.7.2016, accepted the proposal made by the 4th respondent to sell its plots near Karunalayam, Naipunya School, BMC, Nilampathinjamugal and Maradu, and gave its consent with specific conditions as to how the sale should take place. The conditions inter alia included: (i) The properties shall be sold out only at an average price of Rs.9,00,000/- per cent. (ii) These 5 properties shall be sold out only as single units numbering 5. The total extent of properties to be sold out was fixed as 301.76 cents. The Diocese accordingly expected to raise an amount of Rs.27,15,84,000/- through the said sale.

5. It is alleged that even prior to the aforesaid decision of the Consulters' Forum, respondents 3 to 5 had hatched a criminal conspiracy to make illegal gains for themselves and authorised one Sri.Ajas for selling the said properties having a total extent of 330.48 cents in Vazhakkala, Poonithura and Thrikkakara Villages, vide letter dated 21.06.2016. The average value of the said land was fixed as Rs.9,05,000/- per cent.

6. The petitioner further alleges that subsequently, R3 to R5 again hatched a criminal conspiracy and engaged the 6th respondent secretly in the place of the said Ajas, with the intention to misappropriate the major sale proceeds. Within a short span of time from 11.08.2016 to 05.09.2017, they divided these properties by violating the specific directions of the Consulters' Forum into 36 plots and executed 36 sale deeds for a total consideration of Rs.13,51,44,260/-. Even out of the said sale consideration noted in the sale deeds, Diocese received an amount of Rs.9,13,36,600/- only, which also included an amount of Rs.1,14,00,000/- received from unknown persons.

7. It has been further alleged that one of the main items of the properties, which is situated near Bha