W.A.No.162 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN

AND

THE HONOURABLE MRS.JUSTICE R.KALAIMATHI

W.A.No.162 of 2023

and

C.M.P.No.1545 of 2023

A.Jeevandradoss

.. Appellant

-vs-

1. Sri Parswantha Digambar Jain Bhawan Management Trust

Represented by its President,

Mr.S.Srenikaraj,

S/o. Sundarakumar,

No.22, Subramaniar Koil Street,

Tindivanam-604 001.

2. The District Registrar (Admin)

Office of District Registrar,

Tindivanam.

3. The Joint Sub Registrar No.1,

Officer of Joint Sub Registrar No.1

Tindivanam.

.. Respondents

Writ Appeal filed under Clause 15 of Letters Patent Act, to set aside the order

dated 28.03.2022 made in W.P.No.6655 of 2022.

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W.A.No.162 of 2023

For Appellant : Mr.P.Paramasiva Doss

For Respondents : Mr.P.Dinesh Kumar (R1)

Mrs.Sangamithirai (R2 & R3)

Special Government Pleader

***

J U D G M E N T

This Writ Appeal has been preferred by the Appellant challenging the order dated

28.03.2022 made in W.P.No.6655 of 2022.

2. The Appellant is the 3rd Respondent in the Writ Petition. When the Writ

Petitioner/1st Respondent presented the Supplement Deed and Lease Deed, before the

1st Respondent, for registration, the 2nd Respondent vide his proceedings in

Na.Ka.No.2811/2020 dated 29.11.2021 directed the Writ Petitioner/1st Respondent to

approach the Civil Court and obtain appropriate orders and that only thereafter, the

Deeds will be entertained for registration. Questioning the said order, the Writ

Petitioner/1st Respondent filed a Writ Petition in W.P.No.6655 of 2022. The learned

Single Judge vide order dated 28.03.2022, directed the Writ Petitioner to present the

Supplementary Deed and Lease Deed before the 2nd Respondent, within a period of

two weeks and on receipt of the same, the official Respondents were directed to process

the deeds in terms of the Registration Act and Stamp Act and Rules, after providing an

opportunity of hearing to the Appellant and to the aggrieved parties, if any, within a

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W.A.No.162 of 2023

period of eight weeks from the date of receipt of a copy of the said order. Being

aggrieved, the present Writ Appeal has been filed by the Appellant.

3. The learned counsel for the Appellant submitted that the learned Single Judge

has disposed of the Writ Petition without giving notice to the Appellant herein, who is

the 3rd Respondent in the Writ Petition. He further submitted that out of 11 trustees,

one trustee died due to Covid-19. It is his further contention that as per the Trust Deed,

the lease period could only be for 15 years and now, they are trying to extend the same

beyond the said period. He drew the attention of this Court to the communication of

the Trust dated 17.02.2021, in which, it is stated that the Appellant/3rd Respondent was

illegally removed from the Trust. He further submitted that no procedure has been

contemplated under Clause 19 of the Trust Deed dated 18.06.2012 for removal of

Trustees, except on certain conditions. For the sake of convenience, Clause 19 of the

Trust Deed is extracted below.

"19. Whenever any Trustee become insolvent or insane or

act against the principles stated in clause 10 (c) or is convicted of

criminal offence involving moral turpitude or desires to be

discharged from or refuses or become unfit or incapable of acting,

then and in every case, the surviving or the continuing Trustees for

the time being shall be entitled to appoint a Trustee in the place of

Such Trustee subject to clause 10 (c) above, who shall hold office

of trustee till the normal period of the original trustee."

4.The learned counsel appearing for the 1st Respondent submitted that the

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W.A.No.162 of 2023

Appellant has already been removed from