M. Vinoth v. C. Saraswathy

CMP(MD) NO. 431 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20-01-2026

CORAM

THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR CMP(MD) No.431 of 2026 IN CRP(MD) SR No.108389 OF 2025 N.Vinoth Petitioner(s) Vs C.Saraswathy Respondent(s) For Petitioner(s):

Mr.N.Balakrishnan Prayer:

To Grant Leave to the Petitioner herein to file 3rd party Civil Revision Petition as against the order dated 17.04.2025 passed in Trust O.P.No.122 of 2024 on the file of Principal District Judge, Tiruchirappalli.

ORDER

This petition has been filed seeking leave to file a third-party Civil Revision Petition against the order dated 17.04.2025 passed in Trust O.P.No.122 of 2024 by the learned Principal District Judge, Tiruchirappalli.

2. The revision petitioner is a third party, who has filed the present application questioning the order passed in Trust O.P.No.122 of 2024. The respondent, who is the Chairman of G.R.D. Educational Trust, had filed an application under Section 34 of the Indian Trusts Act seeking permission to sell the petition-mentioned properties to third parties through private negotiation and to utilise the sale proceeds for clearing the debts of the Trust and meeting its other expenses.

https://www.mhc.tn.gov.in/judis

3. The sole contention of the petitioner is that G.R.D. Educational Trust is a registered public trust and that the properties stand in the name and style of Ramachandhra College of Engineering and Technology. It is further contended that the Trust has already purchased immovable properties at Madakudi Village. According to the petitioner, being a third party having an interest, the application filed in Trust O.P.No.122 of 2024 ought to have been filed under Section 92(f) of the Code of Civil Procedure, whereas it was filed under Section 34 of the Indian Trusts Act.

4. When a query was posed to the learned counsel for the revision petitioner, Mr. Nallathambi, regarding the locus standi of the petitioner to challenge the said order, the only response was that the petitioner hails from the same vicinity and since it is a public trust, he has a right to question the proceedings.

5. When an application is filed seeking permission to sell trust property, such a challenge by a third party without establishing any legal right or interest cannot be entertained. Therefore, there is no infirmity in the order passed by the trial Court.

6. Accordingly, the leave petition is dismissed. No costs. 20-01-2026 Indu https://www.mhc.tn.gov.in/judis