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Cardinal Mar George Alencherry v. State of Kerala

  • Order

Code of Criminal Procedure, 1973 – S. 482  Penal Code, 1860 – Ss. 120 B, 406, 409, 418, 420, 423, 465, 467, 468 & 34 – Quashing of Complaint – Allegation of alienation of properties purportedly belonging to Syro Malabar Church against the Major Archbishop – the petitioner, who has sold the property without the compliance of Section 92 and 92(3) C.P.C. cannot seek shelter under the umbrella of their constitution (byelaw) or the provisions contained in the Canon law.

The sale deeds were executed without conducting a public auction or public sale with notice to all concerned including the parishioners and those intending to purchase the property and thereby curtailed the right to derive maximum consideration for the coffers of the church solely for the purpose of giving the property to certain selected persons at a throw away price capriciously and at the whims and fancies of the petitioner. This court can take judicial notice with respect to the prevailing land value and market value of prime lands of vantage points having road frontage and national highway direct access. This would certainly show the extent of criminal conspiracy hatched with the purchasers of the property.

Land Law – It is quite impermissible and illegitimate to convert a property of State Government or puramboke land or public land to a private property based on possession during the course of re-survey.

Citations : 2021 (4) KCC 266 : 2021 (4) KHC 647