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.

(4th 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 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 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 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 malafide intention of capturing the Trust. Hence, it is the further contention of the applicants / plaintiffs that the Trustees continuing beyond the period of one year is against the Trust Deed and therefore, a Scheme has to be framed.

4.In the counter affidavit filed by the respondents 1 to 3 /

defendants 1 to 3, it is their contention that 'Sri Venkateswara Bhaktha Samajam' is a Society registered under the Tamil Nadu Societies Registration Act and is