ORDER :

R. Suresh Kumar, J.

1. The prayer in A. No. 8718 of 2018 is as follows:

"to modify the scheme framed and declared in C.S. No. 78 of 1968, dated 19.04.1972 (a) by deleting the clause 5 of the Scheme Decree; (b) provide a fresh clause prescribing the appointment of a retired Judge of the Madras High Court as the Chairman of the Trust Board and Institution, viz., Ethiraj College for Women and (c) to constitute the Board of Trustees by appointing service minded Dignitaries from different fields representing cross-sections of the society in the place of family members."

2. The prayer in O.A. No. 90 of 2019 is as follows:

"to grant of ad interim injunction restraining the respondents, their men, agents, legal representatives or any one acting on their behalf from appointing any other family members as a member to the Board of Trustees."

3. The necessary facts which are required to be noticed for the disposal of these two applications are as follows:

(i) That a reputed Senior Lawyer and a Public Prosecutor who was one of the prestigious member of the Madras Bar, namely, late Mr. V.L. Ethiraj made a Deed of Declaration of a Trust, dated 07.04.1948, under which, he created a Trust called "Ethiraj College for Women Trust". He being the founder of the trust had been the founder trustee for his life time and the trust intended to establish an Arts and Science College exclusively for Women.

(ii) Accordingly, the Ethiraj College for Women at Chennai was established by the said trust during his life time and the same was affiliated to the University of Madras. The founder trustee had also constituted a committee / trust board consisting of seven members where he was the founder trustee and he named six other persons who were well reputed personalities in those days in various fields. The first seven members trust board committee headed by late V.L. Ethiraj as founder trustee was consisting the following members:

"(i) Sri. V.L. Ethiraj (Founder)

(ii) The Hon'ble Mr. Justice P. Govinda Menon

(iii) Rev. Ld. Murphy

(iv) Sri M. Subbaraja Iyer (Founder of Vivekanandha College, Chennai)

(v) Mrs. Ammu Swaminathan (Parliamentarian and mother of Late Captain Lakshmi, Late Dancer Mrinalini Sarabai and Late Sri Govinda Swaminathan, Senior Counsel)

(vi) Sri M. Ranganatha Shastri.

(iii) In addition to that, Late Mr. V.L. Ethiraj added the Principal of the College for the time being as an Ex-Officio member of the Committee along with the University representative. As per the provisions of the Trust, the Trustees and the Committee were given powers to act upon as per the Rules and Regulations framed. Thus the prestigious Ethiraj College for Women which came into existence in Chennai City started imparting education to the women from all sections of the society, especially the women from the deprived sections.

(iv) Thereafter late Mr. V.L. Ethiraj executed a Will dated 21.04.1952. In the said Will, he appointed the Official Trustee of Madras as sole executor of the Will and also the trustee of all his properties settled through the said Will. The testator mainly intended to sell out those properties covered under the Will through public auction and the sale proceeds shall be made as a corpus, out of which, some philanthropic acts and deeds enumerated in the Will has to be undertaken. In this regard, mainly the founder intended to utilise the income derived from his estate, in awarding scholarship for students studying in the college, i.e., Ethiraj College for Women and the beneficiary of the scholarship to be made shall be based on the recommendation of the managing committee of the college. That apart, the founder wanted to give away some monetary help as a one time disposal or month wise payment to some of his relatives and those aspects have been enumerated in his Will referred to above.

(v) In the meanwhile on 25.11.1951, the Managing Committee of the trust framed rules and bye-laws of the college, under which, the Management of the affairs of the college shall v