MEMORANDUM OF CRIMINAL ORIGINAL PETITON (Under Section 482 of Cr.P.C.) IN THE HIGH COURT OF JUDICATURE AT MADRAS (Criminal Jurisdiction) Crl.O.P.No. of 2023 In Crime No. 102 of 2022 (On the file of the respondent Inspector of Police) S. Gnanapraksam, S/o.Savarimuthu, No. 43/4, Lazarus church road, Mandaveli, Chennai- 600028. …. Petitioner
MEMORANDUM OF CRIMINAL ORIGINAL PETITON
(Under Section 482 of Cr.P.C.)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Criminal Jurisdiction)
Crl.O.P.No. of 2023
In
Crime No. 102 of 2022
(On the file of the respondent Inspector of Police)
S. Gnanapraksam,
S/o.Savarimuthu,
No. 43/4, Lazarus church road,
Mandaveli, Chennai- 600028.
…. Petitioner
-Vs-
The Inspector of police,
Central Crime Branch,
ACP-II, Team-I,
Tambaram Police Commissioner Office,
Sholinganallur,
Chennai-119
…. Respondent
AFFIDAVIT OF S.GNANAPRAKASAM
I, S.Gnanaprakasam, S/o Savarimuthu, aged about 52 years residing at No. 43/4, Lazarus church road, Mandaveli, Chennai- 600028, do hereby sincerely state and solemnly affirm as follows.
1). I am petitioner herein and I am fully acquainted with the facts of the case.
2). I am a catholic church member and I am interested in the religious and administrative activities of the Arch Diocese of Madras Mylapore.
3). The Arch Diocese of Madras Mylapore Society was registered in the year 1921 and all the properties under the control of the catholic churches in and around Chennai city came under the administrative control of the society
4). It is submitted that all the properties now under the control of Madras Mylapore Society, were donated by philanthropic resourceful catholic worshipers. Properties were conveyed by the way of settlement deeds Inams etc. In all those conveyance there have been restrictive specifications that the property must be put to only religious charitable purposes like building churches, orphanages, mercy homes, hospitals. Therefore in respect of administering and controlling the entire dedicated diocese properties, The Arch Diocese of Madras Mylapore Society assumes the status of a religious charitable trust.
5).Therefore the properties of this Arch Diocese of Madras Mylapore Society cannot be sold without the prior permission of the competent civil court and also without the approval of the Income Tax department. While this has been the status of the diocese properties, some of the top clergies in the Arch Diocese of Madras Mylapore Society and some real estate business men hatched a conspiracy, formed a league with the dishonest hidden agenda of selling the attractive prime place properties of the Archdiocese of Madras and Mylapore Society.
6). A stage-managed bifurcation of The Arch Diocese of Madras Mylapore Society was created. The Arch Diocese of Madras Mylapore Society had only 9 members. Any society can be split up or bifurcated only by the division of the number of the members, otherwise it is not a bifurcation as per law.
7). Another set of 7 priests totally unconnected with The Arch Diocese of Madras Mylapore Society, got registered the Diocese of Chengalpattu Society, in the year 2002. It was claimed by those priests that it was a bifurcated society from, The Arch Diocese of Madras Mylapore Society. It was a sham or fake creation.
8). In this backdrop, the top clergies in The Arch Diocese of Madras Mylapore Society, passed a resolution stating that a list of 1102 acre of properties had been given to the newly formed Arch Diocese of Chengalpattu Society by book transfer. The top clergies bribed the then Registrar of Societies and obtained a fraudulent no objection certificate.
9).Based on the said resolution and the no objection certificate, the priests submitted the application before the Tahsildar for mutation, in the revenue records, in the name of newly formed Diocese of Chengalpattu Society on the basis of book transfer.
10).The revenue authorities objected to this book transfer and rejected the application for mutation
11).In this frustrating scenario, the Diocese of Chengalpattu Society filed a declaration suit in O.S 20 of 2014 before the Chengalpattu District Court, praying for a declaration, that the plaintiff society is the owner of 402 items of scheduled properties ( This includes Padur, Irumbuliyur and St. Thomas Mount properties of Arch Diocese of Madras Mylapore Society).
12).When there was an objection before court, by one of the church members, the suit was withdrawn by the plaintiff diocese of Chengalpattu society.
13).So, the above activities make it indubitably clear, that the properties are still in the name Arch Diocese Of Madras Mylapore Society and the fake bifurcation program of book transfer has been concluded as invalid. This fact was known to all the top clergies.
14).In the above said given situation, the properties of the Arch diocese of Madras Mylapore Society could be sold to third parties only by the authorized signatories of Arch Diocese Madras Mylapore Society, after getting due prior permission from the competent civil court and also approval from the Income Tax Department.
15).Knowing all these facts and legal position pretty well, the top clergies and their subordinate priests in both the dioceses have been organized into an unholy league, by a mastermind namely Mr.Inigo Irudhayaraj, who was a small time real estate business man and now a prominent sitting MLA. This league of conspirators created forged documents and power of attorneys and fraudulently sold Rs. 500 crores worth diocese properties in Padur village, Irumbuliyur village and St. Thomas Mount.
16).All involved in this land deal sales scam had thorough knowledge that Padur village property was a dedication to the religious service. The Irumbuliyur land was a government grant given to the diocese only for charitable help for the poor and needy.
17).The St. Thomas property was an Inam given under a notified G.O., only for religious service. In this background with impunity the Arch Bishop, The Bishop, the Property Administrators, the Financial Administrators, the power holder of the societies, Mr. Inigo Irudhayaraj, Mr. Anbumani, and many others. Became a league of conspirators and with the collusion of registration officials, revenue officials, bank officials, sold away the properties one by one and misappropriated the funds of to the tune of Rs.500 crores, during the period 2007 to 2014. The loot money was shared by all the priests for the benefit of their relatives, friends, and associates.
18).A large scale scandal has taken place. Many top clergies, subordinate priests and several others are guilty and punishable.
19) I have collected scores of documents to prove my above stated allegations.
20) Enclosing all these documents I personally submitted a complaint on 7.07.2023 before the Commissioner of Police Tambaram. It was followed up by RPAD complaint also. In that complaint I have given the names of 14 persons as named accused. The names of those persons are as follows:-
1) Bishop Rev. A. Neethinathan
2) Bishop Rev. George Anthony swami
3) Father G. Backiya Regis
4) Father D.F. Don Bosco
5) Father Thomas Mundakkal
6) Father A. Cyrilraj
7) S. Inigo Irudhayaraj (MLA)
8) Sub Registrar – Tambaram SRO
9) Sub Registrar – Saidapet SRO
10) Father George Stephen
11) Father Shylck Stephen
12) V.S. Lukas
13) Anitha Shalini
14) S. Selvamani
21) Subsequently I came to know that one father S.George Stephen, as the Financial Administrator of Diocese of Chengalpattu Society lodged a police complaint on 27.07.2017 for the illegal sales of diocese properties and misappropriation of rupees 45 crores only against one named accused Father A.Cyrilraj.(Though in the complaint father George Stephen categorically states that there were other conspirators, he wantonly blames only Father A Cyril Raj and withheld the names of other major culprits and protected them by crime-coddling). It appears the police did not register FIR for more than 2 years. Eventually Father S. George Stephen succeeded in his petition filed under sec 156(3) of Cr.P.C. Crime no 102/2022 was registered for cheating, only against Father A. Cyril Raj, by the Peerkankaranai Police. Being a land sales scandal of Rs.45 crores, the FIR was transferred to the C.C.B., Tambaram, which is now under the investigation by the respondent herein.
22). Arch Bishop of Madras Mylapore, Bishop of Chengalpattu are very influential people enjoying high degree societal respect. Mr.Inigo Irudhayaraj is a sitting MLA wielding enormous political power and money power. Because of them the police authorities are baulking. All of them have formed a league and made a setup of sacrificing only Father A.Cyril Raj ostensibly. As per documents, many clergies are involved in this white collar crime. But on some understanding and conspiracy they want to cover up the entire rupees 500 crores scam with scapegoating Father A.Cyril Raj. A clear case of crime burking and sheltering the real culprits. The sharks escaped and a little sardine is shown to be caught, for the sake of a stage-managed directed investigation.
23). I have collected many documents from many sources. I have made a narration on the Rs.500 crores land scandal and misappropriation in the illegal sales of diocese properties. Comprising 26 pages. I have also made a compilation of incriminating documents holding the above said 14 persons and others guilty of 383 pages. I have sent both to the respondent by post on 21.08.2023. There was no meaningful response or action from the respondent here in, against any of the named accused in my compliant.
24). I am given to understand that only Father A.Cyrilraj is arrested and the investigation did not go beyond this single victim, whom I am told, has become an alcoholic addict. A Fraudulent game is played to protect the bishops and top clergies.
25). In the above circumstance, unless this Hon’ble Court intervenes and directs the respondent Inspector of Police to receive my narration statement, to receive my incriminating documents, to include me as a witness in Crime no 102/2022 on the file of the respondent Inspector of Police and to investigate the involvement of the named persons in my complaint dated 7.07.2023 and my narration dated 21.08.2023 and to take appropriate penal action under law, the public of catholic worshippers and their dioceses will be put to heavy loss and injustice. Culprits would be let-go scot-free.
26). The respondent Inspector of Police has to necessarily investigate on the involvement and roles played by the following persons is the Rs.500 crores land deal scandal in the illegal sales and misappropriation of the properties of the Archdiocese of Madras Mylapore Society:-
“1) Bishop Rev. A. Neethinathan 2) Bishop Rev. George Anthony swami 3) Father G. Backiya Regis 4) Father D.F. Don Bosco 5) Father Thomas Mundakkal, 6) Father A. Cyrilraj 7) Mr.S.Inigo Irudhayaraj (MLA) 8)Sub Registrar – Tambaram SRO 9)Sub Registrar – Saidapet SRO 10)Father George Stephen, 11)A.Anbumani and others.”
Hence it is humbly prayed that this Hon’ble Court may be pleased to pass an order directing the respondent Inspector of Police, to receive my narration statement; to receive my incriminating documents; and to include me as a witness in Crime no 102/2022 on the file of the respondent Inspector of Police and to investigate the involvement and the roles played by the above said named persons in para 26 of the affidavit and others, and to take appropriate penal action under law, against them and thus render justice.
Solemnly affirmed at Chennai on Before me
this 23rd day of August 2023 and
signed his name in my presence.
Advocate, Chennai.
CLEAN COPY
MEMORANDUM OF CRIMINAL ORIGINAL PETITON
(Under Section 482 of Cr.P.C.)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Criminal Jurisdiction)
Crl.O.P.No. of 2023
In
Crime No. 102 of 2022
(On the file of the respondent Inspector of Police)
S. Gnanapraksam,
S/o.Savarimuthu,
No. 43/4, Lazarus church road,
Mandaveli, Chennai- 600028.
…. Petitioner
-Vs-
The Inspector of police,
Central Crime Branch,
ACP-II, Team-I,
Tambaram Police Commissioner Office,
Sholinganallur, Chennai-119
…. Respondent
DIRECTION PETITION
The petitioners named above humbly submit as follows:-
The address for service of all notices and processes on the petitioners is that of their counsels P.T.PERUMAL, V.VARGEES AMAL RAJA, and M.NAVEEN KUMAR, having office at No.264, New Addl. Law Chambers, High Court, Chennai –104.
The address for service of all notices and processes on the respondent is the same as stated above.
For the reasons stated in the accompanied affidavit, it is humbly prayed that this Hon’ble court may be pleased to pass an order directing the respondent Inspector of Police, to receive the petitioners narration statement; to receive the petitioners incriminating documents; and to include the petitioner as a witness in Crime no.102/2022 on the file of the respondent Inspector of Police and to investigate the involvement and the roles played by the above said named persons in para 26 of the affidavit and others, and to take appropriate penal action under law, against them and thus render justice.
Dated at Chennai on this the 22nd day of August, 2023.
Counsel for the Petitioners.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Criminal Jurisdiction)
Crl.O.P.No. of 2023
In
Crime No. 102 of 2022
(On the file of the respondent Inspector of Police)
S. Gnanapraksam,
S/o.Savarimuthu,
No. 43/4, Lazarus church road,
Mandaveli, Chennai- 600028.
…. Petitioner
-Vs-
The Inspector of police,
Central Crime Branch,
ACP-II, Team-I,
Tambaram Police Commissioner Office,
Sholinganallur, Chennai-119
…. Respondent
TYPED SET
S.No Date Description Page.No
1. 12.03.2022 Copy of the FIR in Crime No.102/2022
2. 07.07.2023 Petitioner’s Complaint
3. 08.08.2023 Enquiry summons served on the petitioner by the respondent
4. 09.08.2023 The adjournment application submitted by the advocate of the petitioner
5. 21.08.2023 Narration of facts submitted by the petitioner by RPAD enclosing the 383 pages incriminating documents
Dated at Chennai on this 22nd day of August, 2023
Counsel for Petitioner.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Criminal Jurisdiction)
Crl.O.P.No. of 2023
In
Crime No. 102 of 2022
(On the file of the respondent Inspector of Police)
S. Gnanapraksam,
S/o.Savarimuthu,
…. Petitioner
-Vs-
The Inspector of police,
Central Crime Branch,
…. Respondent
DIRECTION PETITION
M/s.P.T.PERUMAL
V.VARGEES AMAL RAJA
M.NAVEEN KUMAR
Counsel for Petitioner
9840267151
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Criminal Jurisdiction)
Crl.O.P.No. of 2023
In
Crime No. 102 of 2022
(On the file of the respondent Inspector of Police)
S. Gnanapraksam,
S/o.Savarimuthu,
…. Petitioner
-Vs-
The Inspector of police,
Central Crime Branch,
…. Respondent
AFFIDAVIT OF S.GNANAPRAKASAM
M/s.P.T.PERUMAL
V.VARGEES AMAL RAJA
M.NAVEEN KUMAR
Counsel for Petitioner
9840267151
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Criminal Jurisdiction)
Crl.O.P.No. of 2023
In
Crime No. 102 of 2022
(On the file of the respondent Inspector of Police)
S. Gnanapraksam,
S/o.Savarimuthu,
…. Petitioner
-Vs-
The Inspector of police,
Central Crime Branch,
…. Respondent
TYPEED SET
M/s.P.T.PERUMAL
V.VARGEES AMAL RAJA
M.NAVEEN KUMAR
Counsel for Petitioner
