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2025 Supreme(Online)(Mad) 73507

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice KRISHNAN RAMASAMY
KAMARAJAR EDUCATIONAL TRUST – Appellant
Versus
THE SUB REGISTRAR – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.11.2025 CORAM THE HONOURABLE MR JUSTICE KRISHNAN RAMASAMY W.P No. 36425 of 2025 and WMP.No.40710 of 2025 Kamarajar Educational Trust, Rep by its Managing Trustee and President, R.Ganesan, Having Registered Office at, Bommaikuttaimedu, Sellappampatti Post, Namakkal Taluk and District.

Petitioner Vs The Sub-Registrar, Sendhamangalam, Namakkal District.

Respondent Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorarified Mandamus to call for the entire records relating to impugned Refusal Check Slip in RFL / Senthamangalam / 113/ 2025, dated 12.09.2025 issued by the Respondent and quash the same with consequential direction directing the Respondent to register the Supplementary Trust Deed dated 27.08.2025.

For Petitioner : Mr.K.M.Arun For Respondent : Mr.U.Baranidharan Special Government Pleader ***

O R D E R

This Writ Petition has been filed challenging the Refusal Check Slip in RFL /

Senthamangalam / 113/ 2025, dated 12.09.2025 issued by the Respondent and quash the same and consequently direct the Respondent to register the Supplementary Trust Deed dated 27.08.2025.

2. The facts giving rise to the writ petition, in a nutshell are as follows:

(i) The Petitioner-Trust, is a public charitable Trust, established by executing a Trust Deed dated 11.08.2003, registered as Document No.73 of 2003, on the file of the Sub-Registrar, Sendhamangalam. The Trust initially consisted of 16 members and Mr.Nallathambi was appointed as the Managing Trustee and Chairman. As per the aforesaid Trust Deed, Trustee Nos.1 to 13 were managing the Trust along with Mr.S.Kaliannan, Mr.V.P.Loganathan and Mr.R.Venkatachalapathy. The said Mr.S.Kaliannan and Mr.V.P.Loganathan retired from their trusteeship with the consent of his legal heirs and other Trustees of the Trust.

(ii) The Petitioner Trust executed a Supplementary Trust Deed dated 01.04.2008, registered as Doc.No.87 of 2008,on the file of Sub- Registrar, Sendhamangalam by removing S.Kaliannan, V.P.Loganathan and Mr.R.Venkatachalapathy as the trustees and further added 25 members to the Trusteeship and Nallathambi was again appointed as the Managing Trustee and Chairman of the Trust and Mr.Sadhasivam was appointed as Secretary of the Trust. As per the aforesaid Trust Deed, trustees 1 to 36 were managing the Trust along with Mr.B.Periyasamy and Mr.S.Paramasivam as trustees.

Mr.B.Periyasamy retired from Trusteeship on 30.09.2009 and Mr.S.Paramasivam retired on 31.10.2010, with the consent of other Trustees. Subsequently, their names were removed from the Trusteeship by a resolution passed with the unanimous consent of other Trustees. On 01.10.2009 and 01.04.2010, Trustee Nos.37,38 39 and 40 respectively were included in the Trust with the unanimous approval of the existing Trustees. To effect these alterations, an Amended Trust Deed dated 15.12.2010 was executed, appointing Mr.Nallathambi as the Managing Trustee and Chairman and Mr.Sadasivam as the Secretary of the Trust.

(iii) On 20.08.2025, the Petitioner Trust passed a Resolution appointing Mr.R.Ganesan as the managing trustee. In the said Resolution 12 former Trustees of the Trust viz., A.Abinaya, Mr.K.Shanmugavel, Mr.Nallathambi, Ms.N.Subhashini, Mr.R.Perarasu, Mr.R.Kanagaraj, Mr.P.Muthuraj, Mr.N.Maheswaran, Mr.K.Jayaraman, Mr.V.P.Loganathan, Ms.G.Revathi and Ms.R.Maha Selvi were retired from the Trusteeship by submitting the resignation letters dated 23.11.2012, 01.04.2017 and

31.12.2024 respectively and also by executing an Undertaking Resignation Deed in favor of the Managing Trustee and other trustees. Further, the three trustees viz., Mr.M.Annamalai, Mr.Yuvaraj and Mr.P.Govindaraj passed away on 15.06.2022, 04.01.2023 and 24.06.2025 respectively. Thus, the resignation of 12 Trustees and the death of the three Trustees were recognized in the Board of Trustees meeting held on

20.08.2025.

(iv) It is further stated that vide the Resolution dated 20.08.2025, t

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