R.Christian Memorial Trust v. No Respondent

C.V.KARTHIKEYAN,J.

R.Christian Memorial Trust, represented by its Managing Trustee Dr.Julius Karunakaran had filed the present application taking advantage of Section 34 of the Indian Trust Act, seeking to sell two properties.

2. One property situated at Karunguzhi Village, Madurantakam in Chengalpattu District measuring about 79 cents which also has a building put up thereon and the other property is situated at Tirupathi Chithoor District in Nagalpuram Village, Andhra Pradesh wherein, there are lands measuring 108 cents, yet another piece of land measuring 30 cents and a third piece of land measuring 6 cents in Survey Nos.985/1 and 985/2.

3. It is stated that the said lands had been purchased by the Trust and they have put up clinics to treat blindness among the people in surrounding areas. They had an arrangement with another institution for running such a clinic. But it is stated that unfortunately, they could not do so. They also examined the possibility of putting up a boy's hostel. But that project could 1/4

not move forward and the dues to the statutory authorities accumulated.

4. In view of all these facts, the Trustees had taken a decision to sell the two lands and start once again keeping the objects of the Trust in mind to take steps to assist in eradicating blindness in the rural areas.

5. Mr.Arvind Subramaniam, learned counsel for the petitioner stated that the sale proceeds would be deposited in the Court and thereafter, further statements would be provided regarding the manner in which, the sale consideration would be utilized.

6. After necessary process, the parties were directed to tender evidence.

7. The Managing Trustee, Dr.Julius Karunakaran examined himself as P.W.1. The Trust Deed and Supplemental Deed of the Trust were marked as Exs.P1 and P2. The Sale Deeds for the properties mentioned above were marked as Exs.P3 to P6 and the Resolutions of the Trust were marked as Exs.P7 and P8. The Valuation Reports have been marked as 2/4

Exs.P10 and P11.

8. In view of the evidence produced, the Trust may proceed further to sell the lands but with a condition that the entire sale proceeds should be deposited into the Court and they must obtain permission for the manner in which the sale consideration would be utilized and they must put forward a project plan or action for utilization of the said funds.

9. With the said caveat placed, permission is granted. The Original Petition stands allowed.

03.11.2022 ssi Note: Issue Order Copy on 10.11.2022.

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C.V.KARTHIKEYAN,J., ssi 03.11.2022 4/4