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2025 Supreme(Mad) 2504
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
L.VICTORIA GOWRI, J.
Dr.S.Padmini - Appellant
Versus
The Director of Collegiate Education - Respondent
W.P.(MD)Nos.27101, 27102, 28931 and 28932 of 2024 and W.M.P.(MD)Nos.23005 and 24514 of 2024
Decided on : 28-04-2025
Advocate Appeared:
For the Appellant : Ms.A.N.Meenakshi
For the Respondents: Mr.T.Amjad Khan, Mr.T.Cibi Chakraborthy, Mr.B.Saravanan, Senior Counsel For M/s.Saravanan Associates
The management of trust properties must strictly adhere to the Trust Deed, with any conflicting resolutions deemed void, emphasizing the necessity of legal compliance in trustee appointments.
Headnote:(A) Tamil Nadu Private Colleges (Regulation) Act and Rules, 1976 - Sections 11, 12, 13, and 14 - Dispute regarding the appointment of Secretary of a college - Court emphasized that removal or appointment of a trustee must comply with the Trust Deed - Resolutions contravening the Trust Deed are void ab initio. (Paras 1, 3, 16)
(B) Legal Status of Trust Deeds - The Trust deed holds statutory authority and dictates which actions can be taken regarding the management of trust-related matters - Courts maintain jurisdiction to ensure compliance with the Trust Deed to protect rights of office holders, resolving disputes through proper legal channels. (Paras 10, 16)
Facts of the case:
The case involves conflicting claims to the Secretary position within a college, rooted in trust regulations and internal disputes among heirs of the college founders, leading to multiple writ petitions seeking judicial intervention to uphold trust provisions.
Findings of Court:
The court ruled to uphold the Trust Deed's stipulations, emphasizing that any resolutions contrary to the Trust’s terms are invalid and directed ongoing disputes to be settled via established legal procedures.
Issues: The main issues involved were the legality of the Secretary's appointment and claims regarding the validity of various meetings held by rival factions.
Ratio Decidendi: The court found that the removal of trustees cannot occur through unauthorized meetings and resolutions that violate the Trust Deed, emphasizing the requirement for adherence to legal processes in determining appointments.
Result: Writ Petitions disposed of.
| Table of Content |
|---|
| 1. initation of writ petitions regarding secretaryship renewal. (Para 1 , 2 , 3) |
| 2. trust deed provisions governing appointment. (Para 4 , 5 , 6 , 7) |
| 3. rival claims and approval disputes. (Para 8 , 9 , 10) |
| 4. court's perspective on resolutions and trust deed. (Para 11 , 12 , 14 , 15 , 16) |
| 5. dismissal of writ petitions without costs. (Para 17) |
ORDER :
Two Writ Petitions in W.P.(MD)Nos.27101 and 27102 of 2024 are filed, seeking to direct the first respondent to approve the renewal proposal dated 04.10.2024 read with 02.11.2024 and pass appropriate orders.
2. Another two Writ Petitions in W.P.(MD)Nos.28931 of 2024 and 28932 of 2024 are filed, seeking to direct the respondents not to consider the meeting dated 12.06.2023 and any other college committee meeting convened by any other person (not being the approved Secretary) during the petitioner's tenure of secretaryship, which is violative of Sections 11 and 13 read with Rules 8 and 10 of the Tamil Nadu Private Colleges (Regulation) Acts and Rules, 1976, applying the judgment dated 05.11.2024 in W.P. (MD)Nos.26509 and 26510 of 2024.
3. The first petitioner in W.P.(MD)Nos.27101 of 2024 and 28932 of 2024 is one Dr.S.Padmini, who is the Principal in-charge and Associate Professor (chemistry), Ex-officio trustee and College Committee Member, Seethalakshmi Achi College for Women, Karaikudi-Trichy Road, Pallathur, Sivagangai, Tamil Nadu. The writ petitioner in W.P.(MD)Nos.27102 of 2024 and 28931 of 2024 is one O.A.A.Ap.Annamalai Chettiyar, representing Seethalakshmi Achi College for Women as the Secretary of the college committee.
4. The factual matrix of W.P.(MD)Nos.27101 and 27102 of 2024 are one and the same. Likewise, the factual matrix of W.P.(MD)Nos.28931 and 28932 of 2024 are one and the same. The fourth respondent college is an aided college established by a registered trust deed dated 02.03.1996, (hereinafter to be called as trust deed). The fourth respondent college being a public charitable trust has two bodies, one is the trust board/educational agency and the other is the college committee. The Principal in-charge is an ex-officio member of the trust board/educational agency by virtue of the trust deed.
5. Every aided college has a college committee constituted under Section 11 read with Rule 8 of the Tamil Nadu Private Colleges (regulation) Act and Rules, 1976, (hereinafter to be mentioned as Act and Rules). The petitioners in W.P.(MD)No.27101 of 2024 are the members of the college committee constituted under the Act and Rules. The petitioner in W.P. (MD)No.27102 of 2024 is the Secretary of the trust board/educational agency by virtue of the trust deed. The formal approval of his secretaryship was granted by the first respondent approval order dated 06.12.2021, for the period from 10.11.2021 to 09.11.2024. The trust is governed by the deed of declaration of trust dated 02.03.1966, registered as document No.19 of 1966 in the office of Karakudi Sub Registry. The demise of the erstwhile Secretary on 24.10.2021, led to the circumstances for Thiru.O.A.A.A.Ap.Annamalai Chettiar to hold the office of Secretary of the trust and committee by virtue of trust deed, which clearly carves out the mode of devolution of the offices of Correspondence/Secretary of college and Secretary of the trust. Clauses 9, 11 and 12 of the trust deed deals with the said devolution and Clauses 9, 11 and 12 are extracted as follows:-
“9. The Founder shall be a trustee for life and shall be President of the Board of Trustees and also the Secretary of the Trust Board and Correspondent of the College. After his life time, the senior most male descendant of the male line of the Founder's Family functioning as trustee shall be the President.
11. The two offices of President of Trust Board and Correspondent of the College shall not be held by the same member of the Founder's family, except in the case of Founder. In case, the Correspondent becomes the President of the Trust Board, the next senior in age a
