Madras High CourtWP/26460/2018disposed of

N.Elangovan v. The District Registrar Of Trusts

2019-11-29Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.11.2019

CORAM:

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Writ Petition No.26460 of 2018 N.Elangovan .. Petitioner /versus/ 1.The District Registrar of Trusts, Vridhachalam, Vridhachalam Taluk, Cuddalore District.

2.The Sub-Registrar, Kammavanam, Vridhachalam Taluk, Cuddalore District.

3.The Manager, Canara Bank, Mines-II, Neyveli-607 802.

4.T.Swamydhas 5.M.Ramachandran 6.S.Lakshminarayanan 7.M.Duraisamy 8.S.Sivakumar .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to pass order on the representation dated 28.08.2018 given by the petitioner.

For petitioner : Mr.K.Muthuganesapandian For Respondents : Mr.M.Thamizharasan GA for R1 to R3, R5, R6 & R8 Mr.B.Rabumanohar for R4

O R D E R

The writ petitioner is the founder and Trustee of Sri Sarawathi Vidyalaya Educational Trust. The trust deed was registered on 30.08.1991. The said trust is running school by name Sri Sarawathi Vidyalaya Educational Trust. The petitioner has contributed money for running the said school.

The 4th respondent herein was co-opted as trustee and he is the correspondent of the school empowered to deal with the bank accounts of the school. In view of the misunderstanding between the founder trustee and co-opted trustee namely the petitioner and the 4th respondent, the 4th respondent on his own in connivance with other co-opted trustees has amended the trust deed and registered the same on 02.07.2018. Being the founder trustee, the petitioner herein has given a representation on 28.08.2018 questioning the manner in which the amended trust deed got registered. The present writ petition is filed to direct the respondents 1 and 2 to pass orders on the representation of the petitioner.

2. The learned Additional Government Pleader appearing for the respondents submits that the District Registrar, Vridhachalam has caused notice to the petitioner to appear for enquiry on 29.11.2019. Today the petitioner has appeared and produced the documents. The enquiry will be completed within a period of six weeks.

3. The learned counsel appearing for the petitioner endorsed the statement made by the learned Additional Government Pleader and reports that pursuant to the notice received from the District Registrar, the petitioner has appeared before the District Registrar today and produced the documents.

4. In view of the above subsequent development, this writ petition is disposed of with a direction to the District Registrar to complete the enquiry within a period of six weeks from today and furnish the copy of the report to the petitioner herein. No costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar rpl To 1.The District Registrar of Trusts, Vridhachalam, Vridhachalam Taluk, Cuddalore District.

2.The Sub-Registrar, Kammavanam, Vridhachalam Taluk, Cuddalore District.

3.The Manager, Canara Bank, Mines-II, Neyveli-607 802.

+1cc to Mr.B.Rabu Manohar, Advocate SR.100046 +1cc to Mr.K.Muthuganesa Pandian, Advocate SR.100507. +1cc to the Government Pleader SR.100442 W.P.No.26460 of 2018 (CO) CB(18/12/2019)