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Madras High CourtCMP/2675/2021ordered

P.N.Rethinakumar v. C.Senthilvel

2021-02-17Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

V.BHAVANI SUBBAROYAN.J, This petition has been filed to grant leave to the petitioner to challenge the proceedings of the Scheme Judge (Additional District Judge, Mayiladuthurai) dated 03.12.2020 in O.S.No.68 of 1948 amended vide O.S.No.17 of 1960 amended vide OS.No.234 of 1994 on the file of the Scheme Judge respect of appointment of members to the Board of Trustees of AV Charities in so far as the appointment of the 1st respondent herein as Trustee of Board of Trustees of AV Charities under Enathimangalam vacancy.

2. The learned counsel for the petitioner submits that the application of Senthil Vel, 1st respondent herein for the post of Trustees of AV Charities was rejected by the Scheme Court by order dated 07.02.2015. The said order was challenged by the 1st respondent herein by way of Civil Revision Petition in CRP.No.1116 of 2015 and the same was disposed of by directing the Scheme Judge/ Additional District Judge to consider the objections submitted by the respondent therein and any other persons against Senthil Vel while considering his application.

3. He would further submit that the petitioner herein has sent his objections on 31.03.2020 regarding the conduct of Senthil Vel. In spite of the objections filed by the petitioner the learned Scheme Judge/ Additional District Judge, Mayiladuthurai has appointed the 1st respondent herein as Trustee of the 2nd respondent by the impugned proceeding dated 03.12.2020. He would further submit that the learned Scheme Judge has not considered his objections as he is not a party to the proceedings, hence, he seeks leave of this court to challenge the said proceeding by filing the Civil Revision Petition.

4. In view of the above submissions of the learned counsel for the petitioner, this court is of the view that leave shall be granted to the petitioner to challenged the order of the Scheme Judge dated 03.12.2020.

5. Accordingly, this petition is allowed and leave is granted to the petitioner to challenge the proceedings of the Scheme Judge (Additional District Judge, Mayiladuthurai) dated 03.12.2020 in O.S.No.68 of 1948 amended vide O.S.No.17 of 1960 amended vide OS.No.234 of 1994 on the file of the Scheme Judge respect of appointment of members to the Board of Trustees of AV Charities in so far as the appointment of the 1st respondent

herein as Trustee of Board of Trustees of AV Charities under Enathimangalam vacancy.

17.02.2021 dsa

V.BHAVANI SUBBAROYAN.J, dsa 17.02.2021