The main legal point established in the judgment is that a stranger to the family lacks locus standi to question the validity of an adoption deed at a belated stage and that such a challenge may be barred by limitation.

JUDGMENT :

T. RAJA, J.

PRAYER: Appeal filed under Clause 15 of the Letters Patent against the order dated 13.10.2022 passed in W.P. No. 15003 of 2016.

1. Calling into question the order dated 13.10.2022 passed by the learned Single Judge in W.P. No. 15003 of 2016, the unsuccessful writ petitioner-Dr. M.A.M. Ramaswamy Chettiar of Chettinad Charitable Trust, represented by its Managing Trustee, Dr. A.C. Muthiah, has filed this writ appeal.

2. Mr. R. Srinivas, learned Senior Counsel appearing on behalf of the appellant, highlighting the factual backdrop of the case, would submit that as Dr. M.A.M. Ramaswamy, who hails from Pattinasamy Pirivu of Ilayatrangudi Temple, did not have issue from his wedlock with Smt. Sigapi Achi, by deed of adoption dated 9.2.1996, registered as Document No. 23 of 1996 in the Office of the Sub Registrar, Karaikudi, they had taken in adoption the second respondent, who was known as Iyyappan, who was the natural son of one R.M. Sekkappa Chettiar. The said R.M. Sekappa Chettiar and the second respondent hail from Kazhanivasal Pirivu of Ilayatrangudi Temple. Ever since the said adoption was proposed, there was large scale objection from the members of the Kazhanivasal Pirivu as well as the members of the Pattinasamy Pirivu of Ilayatrangudi Temple. On 1.1.1996, the members of the Kazhanivasal Pirivu took strong objection to the proposed adoption of the second respondent by Dr. M.A.M. Ramaswamy and a resolution recording the said objections was forwarded to Dr. M.A.M. Ramaswamy and RM.Sekkappa Chettiar. Despite such objections raised, Dr. M.A.M. Ramaswamy adopted the second respondent, even though the second respondent was aged beyond 15 years and such adoption was impermissible as per Section 10(iv) of the Hindu Adoptions and Maintenance Act, 1956 [for brevity “the Act of 1956”].

3. Mr. R. Srinivas, learned Senior Counsel for the appellant, also submitted that the Committee of Pattinasamy Pirivu of Ilayatrangudi Temple passed a resolution on 18.12.2014 to the effect that the adoption of the second respondent was contrary to the custom of the Nattukottai Nagarathar Community and, as a sequitur, the name of the second respondent was resolved to be removed from the Pully Register of Pattinasamy Pirivu of Ilayatrangudi Temple. The said resolution was ratified by the members of Ilayatrangudi Temple by a resolution dated 5.1.2015. Therefore, it is pleaded that the adoption of the second respondent was against the customs prevalent in the community concerned.

4. Mr. R. Srinivas, learned Senior Counsel, brought to the notice of this court that Dr. M.A.M. Ramaswamy, on his own volition, formed a charitable trust under the name and style of Dr. M.A.M. Ramaswamy Chettiar of Chettinad Charitable Trust vide a deed of declaration of trust dated 9.2.2015 and the same was registered as Document No. 51 of 2015 in the office of the Sub Registrar, Mylapore. The appellant is one of the first trustees of the said trust. He further pointed out that Dr. M.A.M. Ramaswamy also formed a private trust under the name and style of Dr. M.A.M. Ramaswamy Chettiar Trust by a registered trust deed dated 16.2.2015 registered as document No. 61 of 2015 in the office of the Sub Registrar, Mylapore. Dr. M.A.M. Ramaswamy was the sole beneficiary of the said trust during his lifetime. He also inducted trustees, including the affiant herein, as trustee of the said trust on 27.3.2015 and as per Clauses 9(3) and 14 of the said trust deed, all the assets which were available in the private trust at the time of the death of Dr. M.A.M. Ramaswamy shall automatically go to Dr. M.A.M. Ramaswamy Chettiar of Chettinad Charitable Trust.

5. Learned Senior Counsel for the appellant further submitted that, on 18.2.2015, Dr. M.A.M. Ramaswamy executed his last Will and Testament, which was registered as Document No. 15 of 2016 in the office of the Sub Registrar, Myl