Siru Kaala Sandhi Trust, v. M.Subramanian Chettiar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2025

CORAM:

THE HONOURABLE MRS. JUSTICE S.SRIMATHY REV.APLC.(MD)No.19 of 2025 and C.M.P.(MD)No.1710 of 2025 Siru Kaala Sandhi Trust, Represented by Hereditary Trustee, K.C.Duraimurugan, A21 Saravana Street, Udumalepet, Tiruppur.

... Petitioner vs.

1.M.Subramanian 2.The Revenue Divisional Officer, Aavudayarkovil, Pudukottai District.

3.The Tahsildar, Aavudayarkovil, Pudukottai.

... Respondents Review Application is filed under Section 114 and Order 47 Rules 1 and 2 of C.P.C. to review as against the order made in C.R.P.(MD) No.1520 of 2022, dated 10.12.2024, by this Court.

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For Petitioner : Mr.K.Govindarajan for Mr.S.Alagusundar For R1 : Mr.R.M.Arun Swaminathan For R2 and R3 : Mr.S.Saji Bino Special Government Pleader *****

O R D E R

The present review is filed against the order dated 10.12.2024 passed in C.R.P. (MD) No.1520 of 2022.

2. Even though several grounds were raised, the Learned Counsel appearing for the review applicant restricted his argument on sole ground that the observations passed against the review applicant in the civil revision order that he has manipulated the records and impersonated himself are affecting his rights. This Court is not inclined to modify any of the observations.

3. This Court further stated that the trusteeship can be determined only through civil suit. Therefore, the learned Counsel appearing for the review applicant sought for an observation that if any suit is filed, the same may be independently considered 2 / 5

uninfluenced by the observation passed in the civil revision petition. Considering the same this Court is granting the following observation: "If any party is filing any suit to determine the trusteeship, the suit shall be determined uninfluenced by any of the observations made in the civil revision petition."

4. It is brought to the knowledge of this Court that pending review application, the order passed in the civil revision petition was registered before the Sub Registrar. And the review applicant has issued contempt notice for such registration. Since this Court has not granted any stay in the review application, there is no restriction for registering the said order.

5. This Court further makes it clear that the trust properties cannot be sold. If at it has to be sold then the trustee ought to obtain order from the appropriate Civil Court. Since trusteeship is in dispute, then the parties shall not deal with any of the trust properties, until the same is determined. 3 / 5

6. With the observations the review application is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 16.04.2025 Index: Yes / No Tmg To 1.The Revenue Divisional Officer, Aavudayarkovil, Pudukottai District.

2.The Tahsildar, Aavudayarkovil, Pudukottai.

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S.SRIMATHY , J.

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