1. This suit has been filed by the plaintiffs under Order VII Rule 1 and for the following reliefs:

a. To frame a Scheme in respect of Govindu Naicker Trust by bifurcating the Trust "Govindu Naicker Trust" from the Management of Pachaiyappa's Trust;

b. To appoint five or more Trustees which includes from among the members of Testator's Vanniya Community;

c. To issue a direction directing that the Management of Govindu Naicker Trust and its properties which includes movables and immovables be handed over or vested with the Trustees so appointed in the Scheme;

d. To direct the defendants herein to deliver possession of the properties along with records of Govindu Naicker Trust to the Trustees appointed by this Hon'ble Court;

e. To direct the defendants to furnish a true and proper accounts to the Govindu Naicker Trust from the period from 1990 till the handing over of the Management of the suit Trust and possession of the properties of the Trust to the Trustees appointed by this Hon'ble Court;

f. To direct the defendants to reimburse the monies of the suit Trust diverted unauthorisedly to Pachaiyappa's Trust and other Trust under its control and;

g. To make such other provisions under the Scheme as may be required for the proper administration of the suit Trust and its properties.

2. The necessary facts for the purpose of disposing off the suit as culled out from the plaint are as follows:

The plaintiffs 1 to 3 are the sons of late Ponnuswamy Naicker and Tmt. Pattammal who are the defendants of late Govindu Naicker. Late Govindu Naicker executed a Will dated 25.03.1846, bequeathing major portions of his estate for religious, charitable and Education purposes called "Govindu Naicker Trust". Tmt. Pattammal, the descendant received monthly pension from the said Trust till her death in the year 1984. The plaintiffs 1 to 3 herein are the sons of the above said Tmt. Pattammal. The fourth plaintiff is a journalist and a social worker and the fifth plaintiff is a practicing lawyer and an old student of Pachaiyappa's College and C. Kandasamy Naidu College. The fifth plaintiff along with others filed a writ petition in W.P.No.1192 of 1984 questioning taking over the management of Pachaiyappa's Trust by the State Government Committee and as such, he was also one of the persons considered to be a person interested in the Trust. The fourth and fifth plaintiffs are the close relatives of the plaintiffs 1 to 3 herein.

3. In the Will dated 25.03.1846, Govindu Naicker made the Board of Trustees of the Pachaiyappa's Trust Board as the Trustees of Govindu Naicker Trust. In the Will, he made it very clear that, after his death, all the trustees who are administering the Pachaiyappa's Trust should take charge of all his properties and administer his Trust for the purpose of educational purposes as emphasised in the Pachaiyappa's Trust Decree and for other purposes according to his Will. The late Govindu Naicker bequeathed all his properties for carrying out the objects viz.,

1. to promote education and educational purposes;

2. to grant pension to his descendants and

3. to do religious charities.

After the demise of Govindu Naicker in the year 1846, the Trustees of the Pachaiyappa's Trust took over all the movable and immovable properties and started administering the Trust.

4. According to the plaintiffs, in some of the properties of the late Govindu Naicker, third parties trespassed into and no action has been taken so for by the Trustees to get back the properties. This is due to the fact that there was no proper and effective supervision and administration of the properties. The properties situated in Kancheepuram and Chennai were trespassed long time back and the Trustees have been inactive and they have not taken any action, that means, they are acting against the interest of the Trust. Attempts were made to sell the available properties at Kancheepuram by the Trustees and the Pachaiyappa's Trust Board for their personal