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Madras High CourtWP/13764/2022disposed of

M.Gandhi v. State Of Tamil Nadu

2022-06-01Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice Mohammed Shaffiq2 pages

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 01.06.2022

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ W.P.No.13764 of 2022 M.Gandhi ..Petitioner Vs

1. State of Tamil Nadu Rep. by its Secretary, Public Welfare Department Fort St.George Chennai - 600 009.

2. The State of Tamil Nadu Rep. by its Secretary to Law Department Fort St.George Chennai - 600 009.

..Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to frame scheme/guidelines, form supervisory committees for the proper functioning the trust by excluding non-Indian citizens other than Overseas Citizens of India (OCI Card Holders) from holding the trusteeship of public trust. For Petitioner : Mr.R.Suresh Kumar For Respondents: Mr.T.Chezhian Additional Government Pleader for respondents 1 and 2

ORDER

(Order of the Court was made by Hon'ble Justice M.S.RAMESH) The petitioner herein seeks for an issuance of writ of Mandamus, directing the respondents to frame scheme/guidelines for the proper functioning of the Trust by excluding the NonIndian Citizens, other than the Overseas Citizens of India (OCI), from holding the Trusteeship of Public Trusts. https://hcservices.ecourts.gov.in/hcservices/

2. Earlier, the petitioner herein had filed a writ petition seeking for similar prayer. This Court in its order dated 05.07.2018 passed in W.P(MD).No.12686 of 2018 had directed the respondents therein to consider the petitioner's representation in this regard. It is the case of the petitioner that the order is yet to be implemented.

3. When this Court had earlier passed orders directing the respondents to consider the petitioner's representation, it would not be appropriate to once again direct the respondents to consider the petitioner's grievances.

4. The petitioner now apprehends that the membership of NonIndian Citizens may be excluded from the scheme/guidelines. It is needless to point out that the Indian Trustees Act may not have covered the Public Trust and in the absence of any scheme or guidelines to the governing membership of the foreigners/NonIndian citizens, there may not be any impediment to include them under the scheme.

5. In this background, the second respondent herein is called upon to comply with the directions of the Division Bench of this court passed in W.P(MD).No.12686 of 2018 dated 05.07.2018 within a period of three months from the date of receipt of copy of this order.

6. With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS IV) True Copy// Sub Assistant Registrar kk/drm To

1. The Secretary Public Welfare Department Fort St.George, Chennai - 600 009.

2. The Secretary to Law Department Fort St.George,Chennai - 600 009.

+1cc to Mr.R.Suresh Kumar, Advocate, S.R.No.31960 W.P.No.13764 of 2022 MG[co] NSK/21/06/2022 https://hcservices.ecourts.gov.in/hcservices/