HIGH COURT OF MADRAS
Hon`ble Mr Justice V. PARTHIBAN
M.A.M.R.MUTHIAH – Appellant
Versus
THE CHETTINAD CHARITABLE TRU – Respondent
The legal document pertains to a complex dispute involving the validity of trusteeship and the administration of a charitable trust. The key points are as follows:
Parties Involved: The applicant is M.A.M.R. Muthiah, who claims to be a trustee of the Chettinad Charitable Trust, represented by the Trust's founder trustee Dr. A.C. Muthiah. The respondents include the Trust, represented by Dr. Muthiah, and other individuals alleged to have been improperly co-opted as trustees (!) (!) .
Nature of Dispute: The core issue is whether the applicant was lawfully inducted as a trustee of the Trust. The plaintiff contends that the applicant's induction in 2004 was illegal because it was done unilaterally by another trustee without proper authority or consent, making his claim to trusteeship invalid (!) (!) .
Allegations of Forgery and Fabrication: The defendant alleges that the document purportedly evidencing the applicant's induction as a trustee is forged, especially pointing out discrepancies in the address details (Madras vs. Chennai) and the timing of the document's creation, which was found to be fabricated for the purpose of the suit (!) (!) .
Previous Litigation and Res Judicata: The applicant previously filed suits challenging the trusteeship and the validity of co-option procedures. The courts have observed that these suits involve similar issues and have found that some documents and claims were fabricated, leading to orders restraining the applicant from acting as a trustee or interfering with the Trust's administration (!) (!) (!) .
Limitation and Knowledge: The respondent argues that the suit is barred by limitation because the applicant's induction as a trustee was known to the Trust's representatives since 2004 or at least from the time of the earlier suits filed in 2014. The Court notes that the plaintiff was aware of the facts and the applicant's claim well within the statutory limitation period, rendering the suit time-barred (!) (!) (!) .
Abuse of Court Process: The court finds that the present suit is an abuse of process, primarily because it seeks to re-litigate issues already decided or pending before other courts. The suit appears to be filed with an oblique motive to obstruct pending litigation and to achieve collateral purposes, which further undermines its maintainability (!) (!) (!) (!) .
Locus Standi and Authority to Sue: The court also questions the locus standi of the applicant to sue on behalf of the Trust, given the controversy surrounding his induction and the adverse findings in previous proceedings. The applicant's claim to trusteeship is considered dubious, and his attempt to represent the Trust is viewed as mischievous (!) (!) .
Rejection of the Suit: Based on the findings of fabrication, abuse of process, and barred limitation, the court concludes that the suit is not maintainable. Consequently, the application for rejection of the plaint under the relevant procedural rules is allowed, and the suit is dismissed (!) (!) .
Injunction Proceedings: The interim injunction application was also dismissed as the main suit was found to be untenable. The proceedings highlight that the issues raised are intertwined with ongoing litigation and that the suit's purpose is to interfere with the pending cases (!) .
In summary, the court dismissed the suit primarily because it was found to be based on fabricated documents, filed with malicious intent, and barred by limitation, constituting an abuse of the judicial process. The applicant's authority to act as a trustee and his claims were challenged on legal and factual grounds, leading to the rejection of the suit.
C O M M O N O R D E R
The applicant in A.No.6433 of 2019 is the 1st defendant in the suit. The
1st respondent herein is the plaintiff.
2. The Suit has been filed for the following reliefs:
1. Declare that the 1st defendant is not a lawfully inducted trustee of the plaintiff trust.
1A. Declare the the co-option of the 2nd defendant by 1st defendant as a trustee of the plaintiff Trust on 07.12.2015 is not true, valid and is void and unlawful and that she is therefore, not a trustee of the plaintiff trust.
1B. Permanent injunction restraining the defendants 1 and 2 from in any manner interfering with the administration or functioning of the plaintiff trust;
2. Declare that the lease deed dated 15.04.2016 executed by the 3rd defendant representing the Plaintiff Trust in favour of the 1st defendant is unlawful, illegal, invalid, void and not binding on the Plaintiff Trust;
2A. Directing the defendant No.1 to handover peaceful and vacant possession of the suit property to the plaintiff trust.
3. The facts and circumstances which gave rise to the filing of the present application are stated hereunder.
(a) The plaintiff is the Charitable Trust which has been created by virtue of the Trust Deed dated
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