A. No.3752 of 2022 in C.S.No.133 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 05.07.2023

PRONOUNCED ON : 18.08.2023

CORAM

THE HONOURABLE Ms. JUSTICE R.N.MANJULA

Application No.3752 of 2022

in C.S.No.133 of 2022

1.M/s.Mahalaxmi Educational Trust,

M/s.Cambridge Matriculation Higher

Secondary School,

No.148, Avai Shanmugam Salai,

Royapettah, Chennai – 600 014.

2.M/s.J.M.Mahalakshmi,

Managing Trustee,

M/s.Mahalaxmi Educational Trust,

M/s.Cambridge Matriculation Higher

Secondary School,

No.148, Avai Shanmugam Salai,

Royapettah, Chennai – 600 014.

3. Go.Neelaharam

4. Martin Rubert

5. V.Venkatesan

6. Kannan

7. M.Mariyammal

... Applicants / Defendants

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A. No.3752 of 2022 in C.S.No.133 of 2022

Vs.

1.R.V.Narasimha Rao

S/o.(Late) Venkateswara Rao,

Founder Trustee,

M/s.Mahalaxmi Educational Trust,

M/s.Cambridge Matriculation Higher

Secondary School,

No.148, Avai Shanmugam Salai,

Royapettah, Chennai – 600 014.

2.P.D.Shivaji

... Respondents / Plaintiffs

PRAYER: Application filed under Order XIV Rule 8 of O.S. Rules read

with Order VII Rule 11 of CPC, praying to grant an order to reject the plaint

in C.S.No.133 of 2022.

For Applicants

: M/s.E.J.Ayyappan

For Respondents : M/s.V.Balasubramanian & Associates

ORDER

This application has been filed by the applicants/ defendants 1 to 7

seeking an order to reject the plaint in C.S.No.133 of 2022.

2.Heard the arguments made by either side learned counsels and

perused the materials available on record.

3.The averments of the petition in brief:

The applicants are the defendants. The defendants 3, 4, and 5 are not

connected with the Trust's activities, and they were appointed as members of

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A. No.3752 of 2022 in C.S.No.133 of 2022

the Disciplinary Committee to conduct domestic enquiry against the 1^st

respondent. The petitioners 6 and 7 are the other two active Trustees of the

M/s.Mahalaxmi Educations Trust, which is presently managing the Trust.

The 1^st respondent had been removed from the trusteeship in view of the

findings given by the Disciplinary Committee dated 12.09.2021 and vide the

letter of the Trust dated 15.09.2021. The 1^st respondent has filed this suit as

though he continues to be the Trustee of the said Trust.

3.1. The 1^st petitioner's Trust is not a public charitable Trust, or a

religious Trust and hence, the 1^st respondent has no locus standi to file this

suit under Sec. 92 C.P.C. There is absolutely no allegation of breach of any

Trust or conditions stipulated under the Trust deed for the purpose of

seeking a Scheme for the administration of the Trust. In fact, there is no

relief sought for proper Administration of the Trust and all that needed was

to run the School by the name and style of 'M/s Cambridge Matriculation

Higher Secondary School'. The 1^st respondent was removed from the

Trusteeship for misappropriating several lakhs of the Trust's funds. Just in

order to settle his personal vengeance, the suit has been filed.

3.2. The said school is a tenant paying monthly rent, and it does not

own any immovable property. The deed of Trust dated 29.09.1991 would

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A. No.3752 of 2022 in C.S.No.133 of 2022

show that the corpus of the Trust is a sum of Rs.1001/- and that no other

immovable property was endowed to the 1^st petitioner's Trust on that date or

any subsequent date. The 1^st petitioner's Trust is functioning with three

trustees; there is no proposal to either close down the school or sell the

school run by the Trust. Neither the school nor the 1^st petitioner's trust owns

or possess any immovable property in their names, and the suit schedule

property over which the school exists is the 2nd petitioner's private property.

3.3. However, the 1st respondent did not assist her and he was always

interested in his own personal wel