M/S. A.K. Padmavathimal Charitable Trust v. The Chief Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.Nos. 33994 & 34329 of 2023 M/S. A.K. PADMAVATHIAMMAL CHARITABLE TRUST, REP. BY ITS PRESENT TRUSTEES 1.
MR.M.V. JAGANNATHAN S/O. LATE VASANTHA RAGHAVAN, ELYSIUM FLUSHING MEDOWS, 8 /170, GLOBUSE GARDENS, KAIKOLAMPALAYAM, MYLAMPATTI VILLAGE, COIMBATORE - 641 062.
2.
DR. SUDHAKARAN, S/O. LATE C.R. SHANMUGASUNDARAM, NO.20/2, ALI ASKER ROAD, BANGALORE GPO - 560 001.
... Petitioner Vs THE CHIEF MANAGER, BANK OF BARODA, RAMNAGAR BRANCH, NO.18/10, KALINGARAYAN STREET, COIMBATORE - 641 009.
... Respondent Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the Respondent Bank to permit the 1/5
Trustees viz., 1) Mr.M.V.Jagannathan and 2) Dr.Sudhakaran to operate the Bank account of M/s.A.K.Padmavathiammal Charitable Trust, Coimbatore, bearing Current Account No. 08870100010724 at Ramnagar Branch, Coimbatore, within the time to be stipulated by this Court. For Petitioner : Mr.R.Bharath Kumar For Respondent : Mrs.Revathi Manivannan
ORDER
This writ petition is filed for a writ of Mandamus to direct the respondent Bank to permit the Trustees, namely 1) Mr. M.V. Jagannathan and
2) Dr. Sudhakaran, to operate the bank account of M/s. A.K. Padmavathiammal Charitable Trust, Coimbatore, bearing Current Account No. 08870100010724 at the Ramnagar Branch, Coimbatore, within the time stipulated by this Court.
2. The learned counsel appearing for the petitioners submits that, since the trust has been reconstituted with the earlier trustees retiring and new trustees coming on board and procedural requests have been made, the respondent bank is not permitting the operation of the bank account. It is further submitted that the petitioners are aggrieved because the new trustees 2/5
wish to shift the fixed deposits to investments of their choice.
3. When the matter came up for hearing, the learned counsel appearing on behalf of the respondent, refuting the said allegation, submitted that due to the complete change in the trustees, the bank wants to ensure that only the appropriate and concerned persons operate the bank account, especially given the fact that a huge amount is lying to the credit of the trust account. On that submission, this Court requested the learned counsel for the petitioners to inform whether the erstwhile trustees, who are said to have since retired from the trust, can be requested to appear before this Court on virtual mode. Pursuant to this, today, both of the said erstwhile trustees, namely Mr.S.N. Dhanwandreswaran and Mr. C.V. Rajalakshmi, appeared before this Court virtually. Upon enquiry, they have stated that they have no claim whatsoever and there are absolutely no rival claims between the parties or any dispute regarding the functioning of the trustees. In view thereof, even the apprehension expressed on behalf of the respondent Bank has now been allayed.
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4. Therefore, this writ petition is disposed of on the following terms:- (i) The respondent Bank is directed to permit the trustees, namely 1) Mr.M.V.Jagannathan and 2) Dr.Sudhakaran, to operate the bank account of M/s. A.K. Padmavathiammal Charitable Trust, Coimbatore, bearing Current Account No. 08870100010724 at the Ramnagar Branch, Coimbatore.
(ii) The same shall be done within one week from the date of receipt/production of the website-uploaded copy of this order, without waiting for the certified copy of the order.
(iii) If any form or procedural formalities need to be carried out, the same shall be completed by the parties. (iv) Consequently, the connected miscellaneous petitions are closed. No costs.
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D.BHARATHA CHAKRAVARTHY, J.
nsl To THE CHIEF MANAGER, BANK OF BARODA, RAMNAGAR BRANCH, NO.18/10, KALINGARAYAN STREET, COIMBATORE - 641 009.
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