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2011 Supreme(Mad) 3715

V.RAMASUBRAMANIAN
M. G. Devasahayam – Appellant
Versus
John D Monte Trust Represented by its Sole Trustee – Respondent


Advocates appeared:
For the Petitioner:Karthik Seshadri for M/s. Iyer and Thomas, Advocates. For the Respondents:M.K. Kabir, Senior Counsel for M. Dhiraviyanathan, Advocate.

JUDGMENT :-

1. This is a petition filed under Section 3 of the Charitable and Religious Trusts Act, 1920 (hereinafter referred to as the Act) seeking a direction to the first respondent - trust and the second respondent - sole trustee to provide the information sought for by the petitioner listed in schedule A to the petition and also seeking a direction for the appointment of an independent auditor to examine and audit the accounts of the first respondent trust for a period of three years immediately preceding the date of petition.

2. I have heard Mr.Karthik Seshadri, for M/s.Iyer and Thomas, learned counsel for the petitioner and Mr.M.K.Kabir, learned Senior Counsel appearing for Mr.M.Dhiraviyanathan, learned counsel for the respondents.

3. By a last Will and Testament executed on 19.7.1820, one Mr.John D'Monte bequeathed all his fortunes in favour of various charitable institutions principally under the control and management of the Bishop or Vicar General of St.Thome. The Will also contains a direction to appoint and nominate annually a Committee of Syndics consisting of six pious and respectable persons. The testator also executed a Codicil on 25.4.1821. The said Wil


























































































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