Trustees' unilateral resignations require acceptance by the Board, and the Registrar must register amendments without questioning internal validity.

ORDER :

V. LAKSHMINARAYANAN, J.

This writ petition challenges the refusal check slip issued by the first respondent on 13.12.2024.

2. There exists a Trust by the name of “Cheran Educational Trust” at Chettiapatti, Dindigul District. The Trust was originally formed by way of a registered trust deed on 15.07.1999. At the time of registration, the Trust had the following trustees:-

“i) A.Saravanan

ii) R.P.Ravindran and

iii) P.Chandraseharan”

3. Subsequently, A.Saravanan resigned from the Trust. Consequent thereto, a supplementary trust deed was executed on 31.10.2002. By this document, the resignation of Saravanan was accepted and the following persons joined the Trust as trustees:

“i) R.Asokan

ii) R.P.Ravindran

iii) M.Sivakumar and

iv) P.Chandrasekaran”

4. The trust deed was further amended by another deed of amendment dated 28.03.2009. By this document, one Jeyaraman was included as trustee. Consequently, the following persons were the trustees:

“i) M.Sivakumar

ii) R.Asokan

iii) R.P.Ravindran

iv) P.Chandrasekaran and

v) M.Jeyaraman”

Of these five, Sivakumar was given the title of managing trustee, R.Asokan was given the title of Executive Trustee and R.P.Ravindran as Financial Trustee.

5. The Trust is running a School under the name and style of “Cheran Vidhyalaya Matriculation Higher Secondary School”. Disputes arose between M.Sivakumar-the second respondent and the other trustees. One of the trustees, namely, Mr.R.P.Ravindran, passed away on15.07.2021.

6. It is the claim of the second respondent, which is not seriously disputed by the writ petitioner, that Jeyaraman resigned on 20.08.2015. The second respondent pleads that a memorandum of understanding had been entered into between the second respondent and the other 3 trustees including the deceased R.P.Ravindran that the latter will move out of the Trust on payment of certain amounts invested by them in the Trust. For the sake of disposal of this writ petition, I need not dwell into the inter se disputes between the trustees.

7. The cause of action in this writ petition is that the trustees, apart from the second respondent, held several meetings and in one of the meetings, they inducted one Suseela as a trustee. It is also their case that Jeyaraman, who had resigned from the Trust, was also invited to join the Trust. Consequent to the resolution passed by the Trust, the writ petitioner representing himself as the Managing Trustee of Cheran Educational Trust presented a document titled “deed to simplify the amendment”. In terms of the deed, it was stated that the second respondent-Sivakumar, had been removed from the position of Managing Trustee and a resolution had been passed appointing Suseela as Managing Trustee.

8. It was also recorded that in the meeting held on 22.09.2024, the Board of trustees reshuffled the Officers and appointed Asokan as the Managing Trustee with P.Chandrasekaran to act as Treasurer and Jeyaraman, Suseela and the second respondent to act as Trustees. This document was presented for registration with the first respondent. By the impugned order, the first respondent rejected the document on two grounds:-

i) the resolutions were not unanimous and

ii) M.Asokan, P.Chandrasekaran and R.P.Ravindran had removed themselves from the Trust.

Challenging the same, the present writ petition.

9. This Court had entertained the writ petition on 20.12.2024. Mr.D.Sadiq Raja, learned Additional Government Pleader took notice for the first respondent and notice was issued to the second respondent. Mr.H.Lakshmi Shankar has entered appearance for the second respondent.

10. I heard Ms.Saranya for the writ petitioner, Mr.R.Suresh Kumar, learne