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2020 Supreme(Mad) 2173

IN THE HIGH COURT OF MADRAS
AMRESHWAR PRATAP SAHI, SENTHILKUMAR RAMAMOORTHY, JJ.
Muhurtaam Event Management Pvt. Ltd. – Appellant
Versus
T.K.S. Villalan and Others – Respondents
O.S.A. Nos. 346 of 2019, 47, 51, 53 to 56, 60 to 64 of 2020, O.S.A. No. S.R. 13551 of 2020, C.M.P. Nos. 27851 of 2019, 907, 957, 1612, 1616, 1690, 1693, 1788, 1847, 1848, 1857, 2062, 2076, 2081, 2174, 2177, 2974, 4481, 4651, 9251 of 2020
Decided On : 23-12-2020

Advocates:
Advocate Appeared:
For the Appellants : M.S. Krishnan, V. Yashwini, A.R.L. Sundaresan, A.L. Gandhimathi, C. Manishankar, K. Gowtham Kumar, G. Murugendran, R. Sankaranarayanan, A. Hariharan, S. Gomathinayagam, Soundarajan.
For the Respondents: K. Doraisami, Muthumani Doraisami, T.R. Rajagopalan, K.V. Sundararajan, G. Murugendran, V. Raghavachari, R. Vijayanarayan, J. Srinivasamohan, N.R. Elango, P.B. Ramanujam.

Headnote:

Charitable trust - Election of Board of Trustees - Legal battles - Procedural Violations - Grant Of Lease For Construction Of Anna Arangam And Amma Arangam - Dispute of a huge charitable endowment which are a combination of dedications of an eminent personality preserved in the cultural history of this State-Late Pachaiyappa Mudaliar - who is considered to be a synonym for a philanthropist, of historical background and legal status of a charitable trust that evolved around his name and material wealth that was left behind by him, of legal battles that led to the formation and unrolling of a unique organization in shape of a trust accomplished in about two and half centuries, of mystery that is sought to be resolved of a casus incogitatus [a situation un-thought of by author of a legal instrument] arising out of a Will said to have been transcribed at and ultimate culmination of a dispute of holding elections and modification in the scheme of trust by learned Single Judge, explaining as to how a ship's journey can be possibly wrecked by mutiny of its sailors – Held, Judicial propriety and discipline does demand a respect to procedure to be followed, as procedure at times converts from form into substance. Procedure may be a handmaid of justice, but it cannot in any way cause an obstruction so as to prejudice the cause of a litigant - Appellants have alleged that Interim Administrator after taking over has made appointments that of Principal and other staff which was beyond his authority and is not in accordance with law. These issues have already been challenged in separate proceedings or may be subjected to challenge otherwise, with which we are not dealing with in instant appeals. Accordingly, such issues relating to appointments or otherwise in educational institutions and even for purpose of managing the trust are left open to be decided in appropriate proceedings. The question of any de jure or de facto powers being exercised by Interim Administrator in respect of such appointments shall be open to challenge and scrutiny in appropriate proceedings – Court find that learned Administrator has himself moved an affidavit in August, 2020 requesting that he may be relieved of his duties as an Interim Administrator. Court accept this request and we relieve Interim Administrator of his responsibilities and duties as desired by him. However, in order to ensure that trust properties are managed properly, we direct that entire management of the Pachaiyappa Trust shall now be taken over by Administrator General and Official Trustee of the Madras High Court, who shall in consultation with the Advocate General of the State take appropriate steps for administering the trust and its properties till learned Single Judge finally decides the matter.

JUDGMENT :

AMRESHWAR PRATAP SAHI, J.

1. What had begun as an initial attempt to get the election of the Board of Trustees of the Pachaiyappa Trust concluded turned out to be a huge exercise of churning every possible fact pertaining to the administration of the entire trust that was not the relief prayed for in the Original Application No. 283 of 2018 that was moved for the said purpose. We may gainfully extract the relief that was originally prayed for and is as follows:

"O.A. No. 283 of 2018 has been filed to grant an order of injunction restraining the respondents 3 to 7 from calling for and conducting elections for the trustees in the second respondent Trust pending disposal of the O.A."

2. The expansion of the entire litigation into an exercise of organizing, administering and ameliorating the condition of the trust ultimately culminated in the impugned judgment dated 18.12.2019.

3. These appeals arise out of the dispute of a huge charitable endowment which are a combination of the dedications of an eminent personality preserved in the cultural history of this State-Late Pachaiyappa Mudaliar [1754-1794 A.D.] who is considered to be a synonym for a philanthropist, of the historical background and the legal status of a charitable trust that evolved around his name and material wealth that was left behind by him, of the legal battles that led to the formation and unrolling of a unique organization in the shape of a trust accomplished in about two and half centuries, of the mystery that is sought to be resolved of a casus incogitatus [a situation un-thought of by the author of a legal instrument] arising out of a Will said to have been transcribed at Kumbakonam on 22.3.1794 by Pachaiyappa, and the ultimate culmination of a dispute of holding elections and modification in the scheme of the trust by the learned Single Judge, explaining as to how a ship's journey can be possibly wrecked by the mutiny of its sailors.

4. The appellants before us have raised an united challenge to the impugned judgment dated 18.12.2019 claiming themselves to be the Board of Trustees and beneficiaries of the property of the trust, lamenting and criticizing the impugned judgment of the learned Single Judge of a disproportionate assessment of facts that touches perversity, being incoherent and incongruous in its findings while trying to find a solution, and reflecting a betrayal to procedural law and a profound ignorance of the law of trusts.

5. While, on the other hand, the respondent applicants have raised a variety of objections to the very maintainability of the appeals, but have substantially advanced submissions supporting the real cause for intervention, for informing this Court of the gross irregularities and illegalities resulting in mismanagement of the trust and for suitably modifying the scheme to the advantage, and only advantage of the trust and its properties, that has been secured for centuries for one and only purpose, namely, public charity.

6. On the one hand, the appellants have cannoned legal arguments to demolish the foundations of the very cause that has been set up, as being preferred on ulterior and mala-fide motives for scrapping the age-old and tested system of governance of the trust for no valid reason, and have raised hair-splitting arguments relating to the legality, rather un-sustainability of the findings recorded by the learned Single Judge in proceeding to interfere and modify the scheme, which according to the appellants, was totally in digression to the initial plea of the restraining of holding of elections that later on got converted to a full scale litigation with regard to the management of the trust. It is also their contention that the issue relating to the holding of the elections or otherwise that was moving on with the aid of the initial orders passed by the learned Single Judges on various occasions, took a t

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