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2019 Supreme(Mad) 1207

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. MANIKUMAR, SUBRAMONIUM PRASAD, JJ.
S. Marimuthu - Petitioner
Versus
The Administrator General & Official Trustee, High Court Buildings, High Court, Madras & Others - Respondents
WP No. 11229 of 2019
Decided On : 08-07-2019

Advocates Appeared:
For the Petitioner:Ramakrishnan Viraraghavan, Sr. Counsel for P. Jayapaul, Advocate

Public Interest Litigation is meant to protect the rights of the weak and disadvantaged, and not to address disputes between parties inter se.

Headnote:

Writ Petition - Public Interest Litigation - Administrator General and Official Trustee - Indian Companies Act 1913 (Act VII) - Compromise Decree - Possession of Assets - Publicity Interest Litigation

Fact of the Case:

The petitioner filed a Public Interest Litigation seeking a writ of mandamus to direct the Administrator General and Official Trustee to take possession of land and administration of 268 acres, mentioned in a document belonging to deceased Mrs. Ida L. Chambers. The court found the litigation to be maintainable and dismissed the petition.

Finding of the Court:

The court found that the Public Interest Litigation was not maintainable and expressed concerns about the growing tendency of converting Public Interest Litigation to Publicity Interest Litigation. It emphasized that Public Interest Litigation is meant to protect the rights of the weak and disadvantaged, and not to address disputes between parties inter se.

Issues: The maintainability of the Public Interest Litigation and the appropriateness of the petitioner's actions in obtaining documents for filing the litigation.

Ratio Decidendi: The court emphasized that Public Interest Litigation is meant to protect the rights of the weak and disadvantaged, and not to address disputes between parties inter se. It also expressed concerns about the growing tendency of converting Public Interest Litigation to Publicity Interest Litigation.

Final Decision: The instant writ petition was dismissed by the court, and no costs were awarded.

JUDGMENT :

Subramonium Prasad, J.

(Prayer: WRIT Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of mandamus, for a direction to the 1st respondent to take possession of the assets of the above named deceased Mrs. Ida L. Chambers namely, land measuring of an extent of 268 acres comprised in Document No.530 of 1944, Zamin Pallavaram Village, Thiruneermalai, Chennai - 600044.)

1. The instant public interest litigation, is for a writ of mandamus, directing the Administrator General and Official Trustee, to take possession of land and administration of 268 acres, mentioned in a document bearing No.530 of 1944 belonging to deceased Mrs. Ida L. Chambers.

2. One Murugu Pillai owned lands in Chrompet, Chennai and other places. He was declared insolvent in Insolvency Proceedings viz., I.P.No.277 of 1917 and his property was vested in Official Assignee. The Official Assignee brought the properties for sale and in the auction one George Alexander Chambers, was the highest bidder. He was running business under the name of M/s. Chrome Leather Company. The properties were conveyed to George Alexander Chambers vide sale deed registered as Document No.2192 of 1917 Book-I, Volume 189 at pages 292 to 296, SRO, Said pet.

3. George Alexander Chambers, married thrice. His first wife Mrs. Ethyl Mary Chambers passed away on 23.02.1924. After her death he married Mrs. Margaret Agnes on 28.06.1924 and on her death (02.02.1927), he married for the 3rd time a lady by name Mrs. Ida Lousia Chambers on 18.12.1930.

4. George Alexander Chambers passed away on 16.11.1937. Through his first wife Mrs. Ethyl Mary Chambers, he had 3 children viz., a son [K.H. Chambers] and two daughters [Dora and Sheela Flora]. His son K.H. Chambers passed away on 29.11.1989. He had a son by name George Joseph Chambers. Two daughters of Mrs. Ethyl Mary Chambers passed away without having any children.

5. George Joseph Chambers, Son of K.H. Chambers also married twice. He married Mrs. Margaret Plate. Through her he had one son Julient Chambers. He married another woman by name Saroja and through Saroja, he had 5 children.

6. George Alexander Chambers had a son viz., Roy Edwin Medcalf Chambers through his second wife i.e., Mrs. Margaret Agnes, and the said Roy Edwin Med calf Chambers had five children.

7. As stated earlier, George Alexander Chambers has started business as Proprietor of M/s. Chrome Leather Company. He had another business in the name of M/s. Chambers and Company. Before he passed away on 16.11.1937, he executed his last Will on 18.12.1930 and also added a codicil to the Will on 28.05.1931. Letters of Administration was granted on the Will of George Alexander Chambers by High Court of Madras in Order dated 15.03.1938 in OP No.57 of 1938. The two companies were converted into a Private Limited Company and incorporated under the Indian Companies, Act 1913 (Act VII) as M/s.Chrome Leather Company Private Limited.

8. The Executors of Will of late George Alexander Chambers executed a sale deed on 14.03.1944 in respect of properties comprised in S.No.407, 499, 500, 510, 502, 504, 519, 524 and 529 in Collanchavadi Village, Zamin Pallavaram in favour of M/s.Chrome Leather Company Limited. The said sale was challenged by Roy Edwin Medcalf Chambers. He filed C.S.No.46 of 1963 in the High Court of Madras. Mrs.Ida L.Chambers also filed CS No.2 of 1964 against Roy Edwin Medcalf Chambers for effecting sale of 7000 shares held by them to M/s.Chrome Leather Company Limited. A compromise was entered into between the parties on 19.02.1965. The relevant portion of the compromise deed reads as under:

1. That the trust created as a result of the Will of the late G.A. Chambers, be and is hereby put an end to and Mr. Ida L.chambers and Mr. Roy Edwin Medcalf Chambers and his heirs do divide the corpus of the property (belonging to the testator the l







































































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