SHINE VARGHESE Vs. STATION HOUSE OFFICER

JUDGEMENT

(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.