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2012 Supreme(Mad) 2260

V.RAMASUBRAMANIAN
Vallivalam Desikar Polytechnic Educational Society Nagapattinam – Appellant
Versus
Registrar of Societies – Respondent


Advocates Appeared:
For the Petitioner:R. Subramanian, T.V. Ramanujun, SC., for Pandi Thennavan, K. Magesh, M. Sureshkumar for Pandi Thennavan, S. Sounthar, Advocates.
For the Respondent:R1 to R3 - M. Venugopal, Spl. G.P.(CS), M.L. Mahendran, G.A., G. RM. Palaniappan, N. Ramakrishna Reddy, N.A. Nissar Ahmed, R4 - V. Raghavachari, R5 - G. Thilakavathy, Hema Sampath for R. Meenal, R6 - Elephant G. Rajendran for R. Neilrashan, Advocates.

Judgment

1. One Mr.K.Manaithurainatha Desikar (a) K.M.Desikar, who was a landlord hailing from the village of Valivalam in Nagapattinam Taluk and who was also a Member of the Legislative Council, established a polytechnic with the sanction of the Government of India, Ministry of Education and Scientific Research under the name and style of “Valivalam Desikar Polytechnic” at Thanjavur, in the year 1958. Later, the polytechnic was shifted to Nagapattinam with effect from the academic year 1959-1960. With a view to meet the expenses for running the polytechnic, the said Mr.K.M.Desikar created a trust under the name and style of “Valivalam Desikar Education Trust” and donated a vast extent of land measuring about 150 acres, worth in those days about Rs.1,12,500/-on 1.3.1958. Subsequently, he executed a deed of declaration of trust, on 7.1.1959 and the same was registered as Doc.No.696 of 1959 in the office of the Sub-Registrar, Nagapattinam.

2. Under G.O.Ms.No.1282 Education Department dated 26.7.1967, the Madras Technical Education Department issued a grant-in-aid code. Chapter II of the said code prescribed certain conditions for the grant of aid to an educational institution.

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