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Madras High CourtA/5877/2025allowed

K. Raja v. Dalit Liberation Education Trust And Another

2026-01-19Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-01-2026

CORAM:

THE HON'BLE MR.JUSTICE P. DHANABAL A No. 5877 of 2025 and A No. 6030 OF 2025 in CS No. 191 OF 2025 A No. 5877 of 2025 K. Raja S/o.Kaliyappan, No.56, Maryamman Kovil Street, New Colony, Nedumaram, Kancheepuram 603 305. Having his office at the Palar River Delta Training Campus, Kadalur Village, East Coast Road, Cheyyur Taluk, Kanchipuram 603 305.

..Applicant(s) Vs

1. Dalit Liberation Education Trust and another (PAN NO.AATD5428) Rep by its Managing Trustee, Dr.V.Paul Panneer Selvam, No.49, First Avenue, Indira Nagar, Chennai-600020.

Presently at No.13A, 13th Street, Anjugam Nagar, Kolathur, Chennai-600 099.

2. Dr.V.Paul Panneer Selvam(ADHAAR NO.5022 5743 2527) The Managing Trustee, Dalit Liberation Education Trust, No.13A, 13th Street, Anjugam Nagar, Kolathur, Chennai-600099 ..Respondent(s)

1. Gerard Amaran and anotherS/o.Dr.Henry Thiagaraj, No.86, Thiag Building, Third Floor, First Avenue, Indhira Nagar, Adyar, Chennai 600 020.

2. Mr.N.Kurunanithi, No.75/G1, Esperanze Apartments, Palaniyappan Nagar, 3rd Street, Thapalpetti, Madhavaram, Chennai 600 060 ..Applicants Vs __________Page 1 of 6

1. Dalit Liberation Education Trust and another(PAN NO.AATD5428) Rep by its Managing Trustee, Dr.V.Paul Panneer Selvam, No.49, First Avenue, Indira Nagar, Chennai-600020.

Presently at No.13A, 13th Street, Anjugam Nagar, Kolathur, Chennai-600099.

2. Dr.V.Paul Panneer Selvam, The Managing Trustee, Dalit Liberation Education Trust, No.13A, 13th Street, Anjugam Nagar, Kolathur, Chennai-600099 ..Defendant(s) A No. 5877 of 2025 PRAYER: This application has been filed under Order XIV Rule 8 of Original Side Rules read with Order I Rule 10(2) of Code of Civil Procedure praying to implead the Applicant/Proposed Party herein as a necessary Defendant in C.S.No.191 of 2025, pending disposal of the main Suit. PRAYER: This application has been filed under Order XIV Rule 8 of Original Side Rules read with Order I Rule 10(2) of Code of Civil Procedure praying to implead Applicants as the Defendants/proposed party in C.S.No.191 of 2025. For Applicant(s) in A No. 5877 of 2025:

M/S.K. Sheeba For Applicant(s) in A No. 6030 of 2025:

Mr. Ravikumar Paul, Senior Counsel For Respondent(s):

[in both applications] Mr. A.R. Nixon __________Page 2 of 6

COMMON ORDER These applications have been filed by the applicants to implead them as necessary and proper parties to the Suit.

2. According to the applicants, the applicant in A. No.6030 of 2025 is the son of one of the founders of the Trust and an ex-employee of the Plaintiff Trust and the respondent / Plaintiff claiming himself to the Managing Trustee of Dalit Liberation Education Trust seeking permission of the Court to sell the immovable properties belonging to the Trust and the applicant is a proper and necessary party to the Suit. There were several litigations pending between the Trustees of the Plaintiff Trust and the Plaintiff. The proposed immovable property now advertised for sale includes the Delta Primary and Nursery School and it would affect the studies of the children studying in the School that too in the middle of the academic year. Therefore, this applicant is a proper and necessary party to the Suit.

2.1. As far as the applicant in A. No.5877 of 2025 is concerned, he is the Principal of the School namely Delta Primary and Nursery School and now the Trustees of the Trust want to sell the Trust properties including the School. Therefore, the applicant is also a proper and necessary party to decide the Suit. Therefore, he has filed this application.

__________Page 3 of 6

3. The learned Senior counsel appearing for the applicants would submit that these applicants are the necessary persons and by suppressing the material facts, the respondents / Plaintiffs have filed the Suit for permission to sell the Trust properties. The sale of properties are not for the benefit of the Trust and the intention of the Plaintiff to sell the Trust properties is for the personal benefit of the Trustees. The applicants are the proper and necessary parties to decide the case as they are former employees and Principal of the School and therefore, they can assist the Court to put forth the real intention for sale of Trust properties and they may be impleaded as parties. By impleading them, no prejudice would be caused to the other side.

4. The learned counsel appearing for the respondents would submit that the applicants are not neither proper nor necessary parties and there is a misunderstanding between the Trustees of the Trust and the applicants and therefore, only to delay the proceedings, they have filed these applications and already they attempted to sell the Trust properties and the same was averted by the respondents / Plaintiffs. Therefore, to take vengeance and to get unlawful gain, the applicants have filed these applications and they are liable to be dismissed.

5. This Court heard both sides and perused the entire materials available on record.

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6. In this case, there is no respondent. The Plaintiffs have filed the Suit to grant permission to sell the Trust properties for the benefit of the Trust. There are no defendants in the Suit and the applicants are none other than the son of one of the founders of the Trust and ex-employees of the Trust and they themselves filed these applications to assist the Court in sale of the properties. According to the applicants, the sale of properties is not for the benefit of the Trust, but for the personal benefit of the proposed Trustees. Since these applicants are the Principal of School and family of founder of the Trust, they can assist the Court and therefore, they are also proper and necessary parties to decide the case.

7. Therefore, these applications are allowed. 19-01-2026 MJS __________Page 5 of 6

P.DHANABAL J.

MJS A No. 5877 of 2025 and in CS NO. 191 OF 2025 19-01-2026 __________Page 6 of 6