IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 05.10.2021

PRONOUNCED ON : 27.10.2021

CORAM :

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR

CRL.O.P.NO.13841 OF 2021

AND

CRL.M.P.NO.7552 OF 2021

Mother of Mercy Church,

Rep. by its Parish Priest Fr.Rev.Alexis Manohar,

Door No.4/102, A MGR Street,

Srinivasapuram,

Kundrathur Taluk,

Kancheepuram District – 600 122.

...Petitioner

Vs.

1.The Tasildhar,

Kundrathur Taluk,

Chengalpattu District.

2.The Inspector of Police,

SRMC-T-15, Police Station,

Iyyappanthangal,

Kancheepuram District.

3.C.Wilson Jacob

...Respondents

PRAYER : Criminal Original Petitions are filed under Section

482 of the Code of Criminal Procedure, to call for the records

of the 1^st respondent in R.C.No.01/2021/A1 dated 27.07.2021 and

quash the order of the 1^st respondent dated 27.07.2021.

For Petitioner :

Mr.R.C.Paul Kanagaraj for

Mr.M.Sivavarthanan

For R1 & R2

:

Mr.A.Damodaran

Additional Public Prosecutor

For R3

:

Mr.R.Edwin Solomon

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,

https://hcservices.ecourts.gov.in/hcservices/

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