Common Judgment:

1. This suit has been filed under Section 92 of the Code of Civil Procedure, for framing a Scheme for the administration of a Public Charitable Trust, by name Mazdoor Welfare Trust and for various other reliefs.

2. There are also two other suits, filed by the 5th defendant herein, challenging his removal from Trusteeship and Correspondent ship of the 6th defendant College. But I chose to deal with the above suit first, as it happens to be a Scheme suit. If a Scheme is framed for the administration of the Trust in that suit, the other two suits will automatically fall in line.

3. I have heard Mr.R.Muthukumarasamy, learned senior counsel for the plaintiffs, Mr.S.Prabhakaran, learned counsel appearing for defendants 1 and 2, Mr.A.Narayanan, learned counsel for the third defendant, Mr.R.Yashod Vardhan, learned senior counsel for the fourth defendant and Mr.K.Harishankar, learned counsel for the fifth defendant.

4. The plaintiffs obtained leave under Section 92, CPC and instituted this suit praying for the following reliefs: "(i) to direct the removal of the defendants 2 to 5 from the office of Managing Trustee and Trustees of the first defendant viz., Mazdoor Welfare Trust;

(ii) to frame a Scheme for the proper administration of the first defendant Trust and its College, namely 6th defendant College with due participation among the members of the Plaintiff Union;

(iii) togrant a permanent injunction restraining the second to fifth defendants, their men, agents or anybody claiming through them, from interfering with the management of the first defendant Trust, namely the Mazdoor Welfare Trust and the 6th defendant College, namely Anjalaiammal Mahalingam Engineering College, Kovilveni Village, Thiruvaroor District;

(iv) to direct the defendants 2 to 5 to render accounts from February 2001 of the first defendant Trust and the 6th defendant College; and

(v) to direct payment of cost of this suit."

5. The averments contained in the plaint proceed on the following lines:

(a) that the first plaintiff is a Trade Union registered under the Trade Unions Act, 1923, and that the first plaintiff is one of the oldest and largest Trade Unions, recognised by the Railway Administration and comprising of the employees of Southern Railway;

(b) that the second and third plaintiffs are the President and Assistant General Secretary of the first plaintiff;

(c) that with a view to establish an educational institution for the benefit of Railwaymen, a Trust by name Mazdoor Welfare Trust was founded and established in 1987;

(d) that the erstwhile General Secretary of the first plaintiff Union by name M.Namasivayam became the Founder cum Managing Trustee of the said Trust for life and the Vice Presidents of the first plaintiff Union by name P.Srinivasan and M.Govindarajan became the other Trustees in the first instance;

(e) that the Trust was of Public Charitable character and it was created with a corpus of Rs.1,000/- provided by the then General Secretary of the first plaintiff Mr.M.Namasivayam;

(f) that after the creation of the Trust, contributions poured in from the members of the first plaintiff Union through the Branch Offices and Divisional Offices of the Union;

(g) that with a view to establish an Engineering College in Thanjavur District, about 60 acres of land was purchased by the Trust;

(h) that contributions were made by Railwaymen, with an impression that the Trust is an outfit of the first plaintiff Union, as described by the Founder himself;

(i) that on the lands purchased with the contributions made by Railwaymen, buildings were put up and infrastructure was developed for establishing an Engineering College;

(j) that in 1994, the Trust required additional land of an extent of about 3 acres, which was lying adjacent to the lands already purchased by the Trust;

(k) that the said land was in Survey No.510 of Kovilvenni Village and it belonged to the Southern Railway;

(l) that the said land was given by the Southern R