The registering authority under the Registration Act lacks jurisdiction to adjudicate upon the validity of trust resolutions, the status of trustees, or disputes concerning management control, as such substantive civil matters are reserved exclusively for the adjudication of the competent Civil Court.

ORDER :

A. The Prayer :

1.This Writ Petition is filed to quash the impugned order dated 24.11.2025 passed by the third respondent in respect of the amendment deed presented by the fourth respondent, as illegal, arbitrary and without jurisdiction; consequently, to restrain the respondents from acting upon or giving effect to the said registration, and further to direct the respondents to maintain the status quo as on date with respect to the administration, management and possession of Marthandam College of Engineering and Technology, pending disposal of the civil and appellate proceedings.

B. The brief facts :-

2. The brief facts leading to the filing of this Writ Petition are that on 03.06.2005, one N.Sridharan Dhas and six others executed a deed of trust, registered as Doct.No.362/4 of 2005, on the file of the Joint Sub-Registrar-I, Nagercoil. The declarants did not expressly dedicate any immovable property. The trust has an initial fund of Rs.63,000/-. However, the document provides that membership of the trust will be open to any person interested in social service who contributes a sum of Rs.3,000/- or more. The trust is named Marthandam Educational and Charitable Trust. Provisions are made with reference to membership, transfer of membership, passing of membership after death to legal heirs, transfer by nomination, etc. An Executive Committee is established to manage the trust and its activities. A list of 21 members of the first Executive Committee is contained in the said document. The powers of the President, Vice- President, Secretary, Treasurer, etc., are mentioned. The purposes, including the establishment of educational institutions and the formation of the Student Admission Committee, Appointment Committee, and Purchase Committee, are all mentioned in the trust deed.

3. On 15.02.2024, the said Sridharan Dhas and four others, in the name of Marthandam Educational and Charitable Trust, claiming to be represented by the said N.Sridharan Dhas and four others, presented a document titled a deed of amendment, which contains recitals purporting to amend Clause-II of Rules and Regulations in Doct. No.362/4 of 2005 by deleting the original clause in its entirety and replacing it with a new clause. It also lists the names of 14 persons as Executive Committee Members and the office-bearers, namely President, Vice- President, Secretary, and Treasurer. The document was also accompanied by a copy of the minutes of the Special General Body Meeting. The same was registered as Doct.No.19 of 2024 by the Joint-II Sub-Registrar, Nagercoil.

4. At this stage, on 24.09.2024, a suit was filed before the learned Subordinate Judge, Padmanabhapuram, in O.S.No.383 of 2024, again in the name of Marthandam College of Engineering and Technology, represented by its Chairman, T.James Wilson, the fourth respondent herein. The suit was brought against 11 persons as defendants. It proceeds as if the first defendant in the suit, F.Prince Vino, the petitioner herein, was a member of the trust, resigned from the trust by a letter dated 23.12.2016, and received back his membership amount of Rs.3,000/-. It further states that the defendant Nos.2 to 8 in the suit also submitted their resignations on 21.01.2017 and received back their membership amount. It further states that the defendant Nos.3 to 11 were members only until the date of submission of their resignations and receipt of their membership dues. Thereafter, they are again trying to interfere in the management of the affairs of the Educational Institutions by falsely proclaiming th