Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.Balaji, J
S.Kalliappan – Appellant
Versus
NIL – Respondent
ORDER
P.B.BALAJI, J.
This revision has been filed by the petitioner in the Trust O.P.No.256 of 2019, on the file of the Principal District Judge, Kancheepuram.
2. The revision petitioner had sought for permission to sell the trust properties. The Trial Court though permitted sale, has imposed conditions for the sale and the petitioner trust, aggrieved by some of the conditions, has approached this Court by way of this civil revision petition.
3. Heard Mr.A.K.Sriram, learned Senior Counsel for the petitioner. I have also gone through the records.
4. It is seen that the petitioner trust is a public charitable trust which is also duly registered in the year 2007. The petitioner trust runs a School where about 4500 students are studying. With a view to expand the School, the petitioner seeking to augment funds, decided to sell its property measuring 60 cents at Mudichoor Villagae, Tambaram Taluk. Being a public charitable trust, the petitioner thought it fit to approach the District Court to seek permission for sale of the said property. The learned District Judge, by order dated 28.10.2021, has granted permission to sell the said property. However, the petitioner is aggrieved by the imposi
Conditions for trust property sale should facilitate, not hinder, the trust's objectives; unnecessary burdens are impermissible.
The central legal point established is that the Charity Commissioner must determine whether the sale of the trust property is necessary and in the interest of the trust before granting permission und....
The court affirmed that extensions for executing Trust property sales must prioritize transparency and market value, rejecting outdated agreements to protect Trust interests.
Trustees must ensure any alienation of trust property is justified by genuine necessity and conducted transparently, safeguarding the trust's interests.
The main legal point established in the judgment is the need for objective consideration of the trust's decision to sell property under section 36(1)(a) of the Maharashtra Public Trust Act, 1950, and....
The court must supervise public auctions of Trust properties without participating as an auctioneer, ensuring adherence to established legal procedures.
The main legal point established in the judgment is the requirement for the respondent to justify and record satisfaction for high valuation based on comparable sale instances and material evidence w....
The main legal point established in the judgment is the necessity for a transparent process in disposing of Trust property and the Charity Commissioner's role in verifying the genuine need for sellin....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
