MOTHER OF MERCY CHURCH Vs. TASILDHAR

JUDGEMENT

(1.) 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 dtd. 27/7/2021.

(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, dtd. 5/1/2018. 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 dtd. 4/12/2019.