IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice P. DHANABAL
MR.RAJA SUBRAMANI AND ANOTHER – Appellant
Versus
NIL – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-01-2026 CORAM THE HON'BLE MR.JUSTICE P. DHANABAL CS No. 277 of 2024 &
A.No.5117 of 2025 1. Raja Subramani S/o S.R.Subramani Trustee, Sri Sankara Trust
2. Aishwarya Venketraman W/o Raja Subramani Trustee, Sri Sankara Trust Both Plaintiffs Having Office At Sri Sankara Trust, No.10, Medavakkam Tank Road, Perambur, Barracks Chennai - 12.
And Residing at C1, 10, Navins Kumarakottam No.16, Radhakrishnan Salai, Valasaravakkam, Alwarthirunagar, Ambattur, Tamil Nadu - 600 087.
..Plaintiff(s)
Vs NilNil ..Defendant(s)
Prayer:
Civil Suit filed under Section 92(1) (f) r/w Order VII Rule 1 of CPC and Order IV Rule 1 of the O.S. Rules to a) Permit the Plaintiffs being Trustees of the Sri Sankara Trust, to effect sale of the property at Plot No.70, Venkatesapuram Colony, Ayanavaram, Chennai 23, more fully described in the Schedule of Property to prospective purchasers within a reasonable time- frame as may be fixed by this Honble Court and utilise the sale proceeds thereof for furthering the objects of the Trust and such other objects as the Plaintiffs may deem fit and proper subject to the conditions forming a part of the Deed of Declaration of Trust dated 26.05.1965 For Plaintiff(s): Mr.A.K.Sriram Sr.Counsel M/s P.B. Ramanujam Associates
JUDGMENT
The plaintiffs, being trustees of Sri Sankara Trust, have filed this Suit under Section 92(1)(f) of CPC r/w Order VII Rule 1 of the CPC and Order IV Rule 1 of O.S.Rules to permit them to sell the trust property and utilise the sale proceedings for the object of the trust.
2. According to the plaintiffs, late Shri.T.M.P.Mahadevan, established Sri Sankara Trust through a Deed of Declaration of Trust dated 26.05.1965. The primary objectives of the Trust, as articulated by the Author, were the propagation, promotion and popularization of Sri Sankara’s Advaita Philosophy and the promotion of Hindu Religion along with ideals of Bhakthi and devotion of God. The said author died on 05.11.1983. One V.S.Venkataraman and his wife, namely, Padma Venkataraman were carrying forward the trust objectives and they have been appointed as trustees in accordance with the provisions set out in the Deed of Declaration of Trust. The said trustees, due to their old age, to effectively discharge the duties, found challenge to manage the affairs of the trust. Thereafter, by exercising their powers envisaged in Clause 16 of the Deed of Declaration of Trust, appointed Shri.S.R.Subramani and Smt.Geetha Subramani, as trustees through deed of Appointment of Trustees in execution of power deed dated 24.04.1991. Thereafter, the erstwhile trustees appointed the plaintiffs as trustees by way of Deed of Nomination / Appointment to Office of trusteeship dated 28.06.2024. They are also fulfilling the objects of the trust.
3. After careful deliberations and evaluations of Trust’s current financial situation and future needs, the plaintiffs have determined that the sale of the schedule property would provide the much needed financial resources to support the comprehensive development and sustained maintenance of the shrine dedicated to Saint Sri Sankara. The plaintiffs are dedicated to promote the teachings and philosophy of Saint Sri Sankara and as such, the proceeds from the sale of the property would be utilised to support various objects of the trust. Therefore, the Board of Trustees passed resolution dated 28.09.2024 to sell the property by obtaining permission from the Court. Therefore, the plaintiffs have filed the suit to permit them to sell the trust property for the benefit of the trust.
4. Therefore, this Court directed the plaintiffs to effect paper publication in one issue of English and Tamil Daily, widely circulated and distributed in Chennai informing the proposed sale of the trust property to the general public by inviting prospective purchasers to make their offers to the plaintiffs. Thereafter, the plaintiffs had received seven enquiries from the individuals and some of them ha
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.