A.NO.4915 OF 2022 IN CS DR.NO.107781 OF 2022

THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR

APPLICATION NO.4915 OF 2022

IN C.S.DR.NO.107781 OF 2022

1.V.Balakrishnan

2.G.Sivarama Krishnan

..

Applicants/

Plaintiffs

VS.

1.Sri Venkateswara Charitable Trust

Registered Office at No.81/124,

Patel Road, Perambur,

Chennai – 600 011.

2.T.Babu

3.P.Ramachandran

4.M/s.Sri Venkateswara Bhaktha Samajam

Represented by its General Secretary

S.Venkataraman

Having Office at 'Anandha Nilayam'

No.81/124, Patel Road, Perambur,

Chennai – 600 011.

(4^th respondent impleaded as per order

dated 23.06.2023 in Application No.3194/2023

and time extended as per order dated 10.10.2023)

..

Respondents/

Defendants

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A.NO.4915 OF 2022 IN CS DR.NO.107781 OF 2022

PRAYER: Application filed under Order XIV Rule 8 of Original Side Rules

read with Section 92 of CPC with a prayer to grant leave to sue the

respondents / defendants for framing a Scheme in respect of the 1^st respondent

Trust “Sri Venkateswara Charitable Trust” under Section 92 of CPC till the

disposal of the Suit.

For Applicants / Plaintiffs

:

Mr.H.Mohammed Farook

For Respondents / Defendants :

Mr.K.Chandrasekaran

1 to 3

For Respondent 4

:

Mr.S.Vijayaganesh

O R D E R

This Application has been filed by the applicants / plaintiffs to

grant leave to sue the respondents / defendants for framing a Scheme in

respect of the first respondent Trust “Sri Venkateswara Charitable Trust”

under Section 92 of Civil Procedure Code till the disposal of the Suit.

2.The applicants / plaintiffs claims to be public filed the present

unnumbered Suit alleging that the Resolution passed by the first respondent

Trust is not in accordance with the by-laws and the first applicant / first

plaintiff was permitted to continue beyond the period of one year. The

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A.NO.4915 OF 2022 IN CS DR.NO.107781 OF 2022

affidavit of the applicants / plaintiffs indicates that the first respondent Trust

is a Public Charitable Trust and formed by one Mr.R.M.Seshan, by a Deed of

Trust dated 27.12.1995 under the name and style of Sri Venkateswara

Charitable Trust, which was registered under the Indian Trust Act, 1882, vide

Document No.11/1996 on the file of Sub Registrar Office, Purasaiwalkam,

appointing himself as the Managing Trustee. Thereafter, seven others were

also appointed as First Trustees as per the by-laws.

3.It is the contention of the applicants / plaintiffs that after the

death of some of the First Trustees, vacancies were filled up by co-opting new

trustees in their place as per the provisions of the said Trust Deed for a

period of one year. Fom the date of inception of such Trustees till the date of

death of the Managing Trustee on 06.08.2020 and the first respondent –

Trust was smoothly administered and managed efficiently without any bias

and partiality in the interest and welfare of the Trust. It is the contention of

the applicants/plaintiffs that after the death of the Managing Trustee

Mr.R.M.Seshan, the respondents 2 and 3 have been cunningly working

together to capture the entire management under their control with autocratic

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A.NO.4915 OF 2022 IN CS DR.NO.107781 OF 2022

manner without any regard for democratic values for the purpose of misusing

the funds and assets of first respondent – Trust. According to the applicants /

plaintiffs, in a meeting conducted on 20.08.2020, a Resolution was passed

and the second respondent was appointed as Managing Trustee and third

respondent was appointed as Treasurer of the first respondent Trust in a self-

styled manner, besides co-opting Mr.S.Venkataraman, son of Mr.R.M.Seshan

as new Trustee in the place of his deceased father. The first plaintiff has

signed it without knowing their malafid