Kochi, Aug 12 (PTI) The Kerala High Court on Thursday held that Syro-Malabar Church head Cardinal George Alencherry must stand trial in connection with the cases related to controversial land deals of Ernakulam-Angamaly Archdiocese.

Justice P Somarajan dismissed pleas filed by Alencherry challenging the Ernakulam Sessions Court verdict that he must face trial in connection with the cases registered against him in connection with alienation of alleged church properties.

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Dismissing the pleas, the court also put a question mark over the legitimacy of a property alienated by the Church in the process.

In his plea, the Cardinal had also sought quashing of entire proceedings initiated against him by the Judicial First Class Magistrate, Kakkanad, in a complaint filed by one Joshy Varghese alleging commission of offences under various sections of the IPC including 120 B (Criminal Conspiracy).

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Seeking to quash the complaints against him, the Cardinal had argued that the Bishop of the Archdiocese will have all authority over all spiritual and temporal affairs concerning Syro Malabar Church and that they are governed by Canon law and their constitution (byelaw) even in the matter of alienation of immovable properties and the parishioners will not have any authority or locus standi to challenge any such alienation and transfer.

Examining each land deal cases in detail, Justice Somarajan observed suppression of material facts regarding the title and interest over a church property in Aluva taluk and ordered the government to conduct an investigation to satisfy itself whether the 2007 settlement deed of that property was executed with respect to any government land and whether it was a government land at any point of time.

The court said the settlement deed is seen executed by a Religious Congregation of Brothers of the Roman Catholic Community at Karukutty village, Aluva Taluk, represented by its duly constituted Power of Attorney Holder, Fr Sebastian Vadakumpadan, as per General Power of Attorney registered and of the Sreemoolanagaram Sub Registry.

The court observed that the settlement deed No 4950 dated September 21, 2007 prima facie appears to be executed to perpetuate encroachment over the Government land and to manipulate title over it.

It is also not permissible to accord sanctity to the encroachment by assigning re-survey number in the name of the encroacher, the court said.

"If it is pertaining to the Government property as defined under Section 3 or a puramboke land (government land) as defined under Section 4 of the Act, necessarily, the offence of cheating and creation of forged document made mentioned in clause (b) of Section 7 would come into effect, besides the offence under the said section as against the officers, who failed to report unlawful occupation of land", the court said.

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