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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SURESH KUMAR, J.
L. Chenkuttuvan – Appellant
Versus
Interim Administrator, Pachaiyappa’s Board Trust Board, Rep. by Hon’ble Mr. Justice P. Shanmugam (Retd. Judge of the Madras High Court) & Others – Respondents
A. Nos. 1927, 1749, 1802, 1803, 2088 to 2090, 2416, 3111 to 3116, 3210, 3211, 3212, 3281, 210, 2417 of 2019 & 10091 to 10097 of 2018
Decided on : 18-12-2019
Civil Procedure Code 1908 - Section 151 - Rule 8 - Order XIV – Elections - Damage to due running functioning of the educational institutions - Celebrity child was none other than the famous - At time of his birth since already he lost his father his mother with two elder sisters had been struggling a lot to meet both ends hence they had been living for some years with the help of one good-hearted person namely and thereafter the family in the year moved to the city of Madras - By that time grown as an young boy who got the patronage of who paved the way for commercial venture – Held Buildings namely have been built without the plan approval or building approval from competent authorities under the law which is in force those buildings are vulnerable for demolition at the initiation of the authorities concerned - However so far no such attempt has been made by the authorities invoking the provisions of the Tamil Nadu Town and Country Planning Act - Therefore this situation Charities can act swiftly to make appropriate application in the manner known to law especially in the context of the aforesaid Act and shall make application to CMDA for getting approval This view is taken by this Court purely on the basis of the fact that huge money to the extent of several crores of rupees of Pachaiyappa’s Charities have been invested in these two buildings therefore if these buildings are demolished or erased that will cause heavy financial damage to the Charities which would be detrimental to the very smooth running of the Charities in the coming years – Appeal disposed
JUDGMENT :
(Prayer in A.No.1927 of 2019: This application has been filed under Order XIV Rule 8 of Original Side Rules r/w Section 151 of CPC, seeking an order to direct the respondents not to proceed any further proceedings for elections for electing the Board of Trustee of Pachaiyappa’s Trust Board.)
1. A.No.1927 of 2019 has been filed to direct the respondents not to proceed any further proceedings for elections for electing the Board of Trustees of Pachaiyappa’s Trust Board.
1.1. A.No.10093 of 2018 has been filed to direct the 8th respondent to pay market value of the rent for the Amma Arangam at Rs.6,68,20,740/- and for Anna Arangam at Rs.2,79,97,980/- annually pending disposal of the above O.A.
1.2. A.No.10094 of 2018 has been filed to appoint an Engineering Team to value the civil work completed during the year 2014-2018 and report the same to the Interim Administrator and this Hon’ble Court for appropriate action.
1.3. A.No.10095 of 2018 has been filed to appoint three Authorities: (i) Administration of Educational Institutions under the control of Pachaiyappa’s Trust; (ii) Administration of property, movables and immovables belonging to Pachaiyappa’s Trust and (iii) Management of Pachaiyappa’s Trust and Charities and Endowment to function under the Interim Administrator, incur expenditure for that purpose.
1.4. A.No.10096 of 2018 has been filed to accept the below mentioned amendments under clauses 4, 6, 8, 9, 11(A), 11(B), 11(O), 11.1-12 of the New Scheme for the Management of Pachaiyappa’s Charities and direct suitable amendments to be made in the New Scheme framed by this Court for the Management of Pachaiyappa’s Trust.
1.5. A.No.10097 of 2018 has been filed to accept the below mentioned amendments under clauses 4, 6, 8, 9, 11(A), 11(B), 11(O), 11.1-12 of the New Scheme for the Management of Pachaiyappa’s Charities and direct suitable amendments to be made in the New Scheme framed by this Court for the Management of Pachaiyappa’s Trust.
1.6. A.No.1749 of 2019 has been filed to cancel the lease deeds in Document No.2028 of 2017, dated 02.05.2017 on the file of the Sub-Registrar, Anna Nagar, Chennai and in Document No.2220 of 2017, dated 02.05.2017 on the file of the Sub-Registrar, Periamedu, Chennai executed by the Pachaiyappa’s Trust Board, 2nd respondent in favour of the Muhurthaam Event Management Private Limited, the 4th respondent.
1.7. A.No.1802 of 2019 has been filed to direct the respondents not to declare the elections for electing the Board of Trustees.
1.8. A.No.1803 of 2019 has been filed to direct the respondent to accept the proposed amendments before declaring the conduct of election or suitable amendments to be made to the Scheme for better management of the Pachaiyappa’s Trust.
1.9. A.No.2088 of 2019 has been filed to direct the respondents not to issue or receive the nomination forms until the pending disposal of the modification Application related to Pachaiyappa’s Trust Board.
1.10. A.No.2089 of 2019 has been filed to direct the respondents not to proceed any further proceedings relating to the Election of electing the Trustees of Pachaiyappa’s Trust Board until the defective voter list in the Post Graduate, Graduate and Research Scholar constituency is rectified.
1.11. A.No.2090 of 2019 has been filed to direct the respondents not to proceed any further proceedings relating to the Election of electing the Trustees of Pachaiyappa’s Trust Board until the Interim Administrator should send officers from Pachaiyappa’s Trust Board in person to the unverified eligible Graduate Constituency members to collect their particulars.
1.12. A.No.2416 of 2019 has been filed to permit the Interim Administrator to cancel the Election Notification, dated 05.03.2019 inviting nominations and all further proceedings and steps taken in pursuance to the election notifications pending disposal of the Scheme Amendment application.
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