ANOOP M. S. Vs. STATE OF KERALA

JUDGEMENT

(1.) Heard Sri.Legith T.Kottakkal, the learned counsel appearing for the petitioner. Also heard Sri.K.V.Sohan, the learned State Attorney appearing for the Union of India (Respondent No.2).

(2.) Claiming to be a disinterested litigant, a person holding affiliation to a political party and an agriculturist by profession has filed this Public Interest Litigation. He prays for, inter alia, a declaration that the Code of Cannons which confers powers to the Vatican Pontiff over the properties of the Churches situated in India, is unconstitutional and also opposed to sovereignty of India. According to the petitioner, the Pope sitting in Vatican can have no say in the transaction of the Church properties, in this country.

(3.) For the petitioner Sri.Legith T.Kottakkal, the learned counsel submits that the properties of the Church are administered as public trusts and therefore the alienation/transfer of those assets should be only in accordance with leave of the Court, obtained under Section 92 of the Code of Civil Procedure, 1908. The learned counsel argues that when the properties of the Churches (Respondents Nos.3, 4 and 5) are to be managed, the Pope should have no authority to issue directions to the Bishops to administer these properties in a certain manner. With these projections, the petitioner seeks declaration that the Roman Pontiff should have no power to administer the immovable properties, under the control of the Churches in India.