The Madras High Court recently directed the Central Bureau of Investigation (CBI) to register a case and conduct a probe into the illegal sale of 31.10 acres of government land in Madurai following allegations that such land was sold illegally by the Church of South India Trust Association (CSITA) to a private person.
Justice KK Ramakrishnan took a strong exception to the CSITA administration’s alleged conduct and said properties of the church were being swindled in breach of the “tenets of the Bible.”
“Earlier days, funds flowed from homes to the Church. Now, the conscientious are not occupying the chair of the Church administration. Hence, the Church properties are being swindled by the administrators against the tenets of the bible. The bishop and other administrators of the Church are duty bound to keep the property, for which the property was dedicated. Unfortunately, now a days all over the India, all the Church properties are not properly managed by the administrators of the Church,” the High Court said.
The Court was hearing a petition filed by one D Devasahayam, a member of the CSITA, alleging that the said land had been given by the Tamil Nadu government to an American Christian Missionary in 1912, to be used for the welfare of destitute people.
In 1973 however, the then Directors of the CSITA conspired and colluded with the then administrators of the CSI Madurai and sold the land to private parties, the petitioner had alleged.
The High Court observed that the facts of the cases disclosed a “prima facie case for investigation by CBI.”
“The Government property was illegally transferred by the 4th respondent and other persons without any title for the value of only one crore and twenty lakhs forty three thousand four hundred and seventy two. The local police officers are not inclined to show any interest in the investigation about the illegal transfer. The said allegation is supported by material documents and this Court is prima facie satisfied to order investigation by the CBI. Therefore, in view of the above factual circumstances, this case comes under the extraordinary exceptional circumstances to invoke the jurisdiction under section 226 of the constitution of India to issue direction to the CBI to register the case against the persons connected with the fraudulent transaction and conduct the investigation in a proper manner,” the High Court said.
Advocate MR Thangaia appeared for Devasahayam, the petitioner.
Special Public Prosecutor M Karunanithi appeared for CBI.
Senior Counsel M Ajmal Khan appeared for CSI, Madurai.
[Read Order]