Mrs.R.Adhilakshmi v. S.I.Anvar Ali
A.No.2810 of 2024 in C.S.No.204 of 1915
Reserved on: 09.07.2024
Pronounced on: 26.07.2024 P.B.BALAJI, J.
This application has been filed seeking permission to sell the land situate in New Door No.22/11, comprised in S.No.249, R.S.No.69/25, Owliya Sahib Street, Ellis Road, Triplicane, Block No.2, measuring about 700 Sq.ft more fully described in the schedule to and in favour of the respondent herein.
2.I have heard Mr.M.Sriram, learned counsel for the applicant and Ms.Keerthana R.Shenoi, learned counsel for the respondent. 3.The learned counsel for the applicant would submit that he is the Managing Trustee of "Caku Jaliah Naidu Charities" which owns several properties across the State of Tamil Nadu. He would further submit that one Caku Jaliah Naidu had executed a Will dated 30.07.1884, desiring that his property should be used for charitable purposes. After his death, a scheme decree came to be passed by this Court on 26.08.1917 and the properties mentioned in the affidavit numbering 5 are all forming part of the scheme decree. It is also submitted that one of the erstwhile Managing Trustee was acting detrimental to the interest of the Trust and therefore, an application was moved in A.No.9846 of 2018 seeking to appoint the person as
Managing Trustee. The said application was allowed on 27.02.2019 and thereafter, the applicant has been managing the properties of the charities. 4.It is submitted that one of the neighbours, who has been cited as respondent, is willing to purchase the land comprised in New Door No.22/11, S.No.249, R.S.No.69/25, Owliya Sahib Street, Ellis Road, Triplicane, Block No.2, measuring about 700 Sq.ft. 5.This Court, in A.Nos.897 of 2023 and 4944, 3006, 3007 & 3008 of 2023, has appointed a Commissioner to fix the valuation of the property and permitted sale of some of the properties belonging to the charities at a reasonable rate fixed by the Commissioner.
6.Taking into account all the vital aspects and in line with the said order, this application is allowed and the same Commissioner, Mr.Krishna Ravindran is directed to inspect the property and fix valuation of the property and file a report before this Court within a period of four weeks and on the basis of the said report, further orders regarding sale of the property shall be passed.
26.07.2024 (1/3) ata
P.B.BALAJI, J.
ata A.No.2810 of 2024 in C.S.No.204 of 1915 26.07.2024 (1/3)