Madras High Court Stays Single Judge Order Directing CBI Probe Into Alleged Illegal Sale Of Church Property

The bench of Justice MS Ramesh and Justice AD Maria Clete stayed the order of Justice KK Ramakrishnan, on an appeal filed by the Church of South India. Since an argument was raised as to the maintainability of the appeal, the division bench made it clear that the interim order was subject to maintainability.

While ordering CBI probe, the Single Judge had noted that the CSI had illegally transferred the land which was originally a Government Land assigned to the American Board of Commissioners for Foreign Mission (ABCFM) to be used for the welfare of destitute women and children.

The single judge had remarked that the CSI had transferred the property to private persons for its own selfish purpose, instead of working for the noble object for which the land was originally assigned. The court was thus satisfied that there were prima facie materials to warrant a CBI inquiry.

In appeal, the CSI alleged that the petitioner had not preferred any complaint with the State police and had directly approached the CBI. It was also claimed that the single judge had passed the order on the notion that the alleged property was a government land. CSI argued that the land was assigned to its predecessor after paying the market value way back in 1912 and thus had an absolute right in the property. CSI contended that the State had no jurisdiction to cancel the assignment after a period of 110 years.

The single judge in his order had observed that the land was assigned by the Government for a noble object and with a resumption clause that if the land was not used for the said purpose, it would be restored to the Government. The single judge had thus held that the CSI Trust Association had alienated the property without any right.

Citation: 2024 LiveLaw (Mad) 456

Case Title: Church of South India v D Devasahayam and Others

Case No: WA(MD) 2447 of 2024