O R D E R

This Criminal Original Petition is filed to call for the records and set aside the order passed by the Tashildar, Kundrathur Taluk, Chengalpattu District in R.C.No.01/2021/A1 dated 27.07.2021.

2.The contention of the petitioner is that the petitioner is a Church under the Roman Catholic Diocese of Chengalpet and part of Iyappanthangal Parish and it is represented by its Parish Priest. The said Iyappanthangal Parish was formed in the year 2011, for Srinivasapuram area. There was a demand for a new Church building to offer their daily prayers and for weekly mass prayer. Hence, the Chengalpet Diocese was looking for suitable land for the Church. The Diocese of Chengalpet came to know that portion of vacant land measuring about 11968 Sq. ft. comprised in Survey No.91/14 B and 91/14 A at Srinivasapuram Village, Kundrathur Taluk, Kancheepuram District was available and it was suitable for petitioner's activities. The said property was originally occupied by a Society known as “Maranatha Full Gospel Association”. The said Society is a registered one with Registration No.51/1975. The Society is a Christian Missionary and it was doing various religious and charitable activities and it was running an orphanage in the name of “Maranatha Orphanage Children Home”. The Society was issued patta for the land in S.No.91/14. The land was originally classified as Gramanatham. In the year 1992, as per Natham Settlement Scheme, patta was granted to the said Maranatha Full Gospel Association in Patta No.68, in the name of Maranatha Orphanage Children Home.

3.The Society was in continuous possession and enjoyment of the land in S.No.91/14, by constructing building and running the orphanage and doing other religious and charitable activities. The said Society decided to dispose of the property and following the by-laws of the Society. The Society passed a resolution in its extraordinary general body meeting and thereafter appointed one J.Philomen, as its Power of Attorney, by a registered Document No.1739/2018, dated 05.01.2018. The said Philomen, represent the Society, sold 5850 Sq.ft. of land to one Komala Venkatesan and 2600 Sq.ft. of land to one C.Kumar, 4143 Sq.ft. of land comprised in S.No.91/14 in favour of J.Philomen, who was granted Power of Attorney in Document No.19939/2019 dated 04.12.2019.

4.The Diocese of Chengalpet purchased vacant land measuring about

11968 Sq.ft. comprised in old S.No.91/14 at Srinivasapuram Village, Kundrathur Taluk, from the said Kumar, Komala Venkatesan and Maranatha Full Gospel Association, by way of a sale deed Document No.5996/2020, dated 07.06.2020. Thereafter, the Diocese Church is in possession and enjoyment of the above said land. The worshippers of Srinivasapuram area wanted a new Church building for offering their prayers and therefore a temporary shed using metal sheets were put up initially in the above said property. The Diocese applied for planning permission and building plan approval, which were granted and later constructed a Church.

5.The third respondent a former employee of Maranatha Full Gospel Association had some dispute with the Society and started giving trouble to the Diocese and sent representation to various authorities with false and frivolous allegations. The third respondent filed a writ petition to cancel the patta granted in favour of the petitioner in W.P.No.16656 of 2020 and this Court by an order dated 30.11.2020, directed the third respondent to approach the Revenue Divisional Officer. The third respondent filed a Writ Petition in W.P.No.16969 of 2020, for un-authorised construction of a hall, sought direction to take action against unlawful construction. In both the writ petitions, no allegation made against the petitioner, though petitioner herein was shown as respondent.

6.The Bishop had consented to visit the petitioner's church on

28.07.2021 and bless building for the purpose of regular services and dedicating the church for the public. The petitioner on 22.07.2021, ap