Madras High Court
R.Manoj Kumar vs A.Sridevi on 21 August, 2025
Author: Anita Sumanth
Bench: Anita Sumanth
O.S.A.Nos.259, 239, 240 & 241 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.08.2025
CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
and
THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR
O.S.A.Nos. 259, 239, 240 & 241 of 2025
and
C.M.P.Nos. 18704, 17674, 17675 & 17681 of 2025
R.Manoj Kumar .. Appellant
in all OSAs
vs
1.A.Sridevi
2.A.Babu
3.V.Kala
4.Vijayarani
5.Jaya
6.R.Ramya
7.A.Kannan
8.K.Sathyaveni
9.K.Someshwara Rao
10.A.Bharath Rao
11.A.Madhu
12.Rajiv School of Excellence Educational Trust
run by Rajiv Gandhi Educational Trust,
Represented by its Authorised Signatory
No.5/516B, Sakthi Sairam Street,
1/23
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O.S.A.Nos.259, 239, 240 & 241 of 2025
Ganapathy Nagar, alapakkam,
Chennai – 600 116. .. Respondents
in all OSAs
Prayer in O.S.A.No.259 of 2025: Appeal filed under Order XXXVI Rule
9 of O.S. Rules read with Clause 15 of Letters Patent against the order
dated 30.07.2025 in O.A.No.444 of 2025 in C.S.No.96 of 2025 on the file
of this Court.
Prayer in O.S.A.No.239 of 2025: Appeal filed under Order XXXVI Rule
9 of O.S. Rules read with Clause 15 of Letters Patent against the order
dated 07.07.2025 in O.A.No.443 of 2025 in C.S.No.96 of 2025 on the file
of this Court.
Prayer in O.S.A.No.240 of 2025: Appeal filed under Order XXXVI Rule
9 of O.S. Rules read with Clause 15 of Letters Patent against the order
dated 07.07.2025 in O.A.No.441 of 2025 in C.S.No.96 of 2025 on the file
of this Court.
Prayer in O.S.A.No.241 of 2025: Appeal filed under Order XXXVI Rule
9 of O.S. Rules read with Clause 15 of Letters Patent against the order
dated 07.07.2025 in O.A.No.444 of 2025 in C.S.No.96 of 2025 on the file
of this Court.
(In all OSAs)
For Appellant : Mr.S.Parthasarathy, Senior Counsel
for Mr.R.Lakshmi Narasimhan
(In all OSAs)
For Respondents : Mr.R.Thiagarajan,
(for R1 to R4)
No Appearance
(for R5, R6, R8, R9, R10, R11 & R12)
R7 – Not ready in Notice.
Mr.S.Kasikumar
(Advocate Receiver)
2/23
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O.S.A.Nos.259, 239, 240 & 241 of 2025
COMMON JUDGMENT
(Delivered by Dr. ANITA SUMANTH.,J) C.S.No. 96 of 2025 has been filed by four plaintiffs, wherein the present appellant is arrayed as D1 along with nine others. The 9th defendant in the suit is the Rajiv School of Excellence Educational Trust run by Rajiv Gandhi Educational Trust. The prayers in suit are as follows:-
“41. The Plaintiffs therefore pray for a judgment and decree as the Defendants as under:
a) Grant a preliminary decree for Partition and separate possession of the movable and immovable properties as described in the Plaint schedules viz., Schedule A and Schedule B – for Plaintiffs' share of 4/9 in 1/3rd share of the Estate of Nageswari @ Geetha in respect of the properties owned and possessed by her at the time of her demise towards the Branch of Sathyavathi.
b) For a declaration that the Settlement deed executed by the 1st Defendant as Power of Attorney Agent of Late. Nageswari @ Geetha dated 23.3.2022 and registered as D.No. 850 of 2022 SRO Theagaraya Nagar, is illegal, invalid and nonest in the eyes of law and consequently not binding on the Estate of Nageswari @ Geetha.
c) For the relief of Declaration that the Defendant holding office in the 9th Defendant pursuant to an alleged testamentary disposition is illegal, invalid, 3/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/09/2025 03:59:18 pm ) O.S.A.Nos.259, 239, 240 & 241 of 2025 non-est and consequently appoint any other Class – II Legal heirs in his place.
d) Grant a Decree for Permanent Injunction restraining the Defendants their men, agents, servant or any other person or persons claiming through them from any manner alienating in the plaint schedule “A” and “B” hereunder by was of Sale, Mortgage, Lease, Joint development or otherwise.
e) Grant a Decree of permanent Injunction restraining the Defendants their men, agents, servants, anyone other person / persons claiming through them from any manner altering the Management of 9th Defendant and or from drawing or operating the bank account of the 9th Defendant held in the name of the 9th Defendant Trust run at No.5/516, Sakthi Sairam Street, Alapakkam, Porur, Chennai – 600 116 except in accordance with law.
f) Grant further or other reliefs;
g) Costs of the suit.”
2. Inter alia, O.A.Nos. 441 to 444 of 2025 had been filed by the plaintiffs seeking the following reliefs:-
Prayer in O.A.No.441 of 2025 : The application has been filed to grant an order of interim injunction restraining the respondents, their men, agents or anyone claiming through them from in any manner alienating or dealing with the suit properties morefully set out in the schedule appended to the Judges Summons by way of Sale lease, mortgage, joint development settlement, gift or any other deed, pending consideration of the 4/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/09/2025 03:59:18 pm ) O.S.A.Nos.259, 239, 240 & 241 of 2025 suit.
Prayer in O.A.No.442 of 2025 : The application has been filed to grant an order of interim mandatory injunction directing the 1st respondent to deposit the original documents of title, morefully set out in the schedule appended to the Judges Summons, relating to the suit properties to the credit of the suit, pending consideration of the suit.
Prayer in O.A.No. 443 of 2025 : The application has been filed to grant an order to appoint the applicants as party receivers to collect rents and manage and administer the suit properties morefully set out in the schedule appended to the Judges Summons, pending consideration of the suit.
Prayer in O.A.No. 444 of 2025 : The application has been filed to grant an order of interim injunction restraining the 1st respondent from holding office in the 9th respondent, pending consideration of the suit.
3. Those applications had come to be heard by the learned Single Judge, who by order dated 07.07.2025 substantially accepted the prayer of the plaintiffs, ordering O.A.No. 441 of 2025 as prayed for, holding that O.A.No.442 of 2025 shall be taken up for final disposal of the suit, directing the appellant in O.A.No.443 of 2025 to submit accounts with respect to the suit schedule properties on quarterly basis and allowing O.A.No. 444 of 2025 by appointing Mr.S.Kasikumar, as Advocate Receiver to administer the trust and fixing his remuneration.
4. As against the same, O.S.A.Nos. 239, 240 & 241 of 2025 5/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/09/2025 03:59:18 pm ) O.S.A.Nos.259, 239, 240 & 241 of 2025 have been filed challenging order dated 07.07.2025 qua O.A.Nos. 443, 441 & 444 of 2025 in C.S.No. 96 of 2025. O.S.A.No. 259 of 2025 has been filed challenging order dated 30.07.2025 qua O.A.No. 444 of 2025.
No appeal has been filed qua O.A.No. 442 of 2025.
5. We had, on 04.08.2025, passed the following order:-
“Mr.R.Thiagarajan, learned counsel accepts notice for R1 to R4. Notice through Court as well as privately to R5 to R12, returnable 21.08.2025. Proof of service be placed on file.
2. On instructions, Mr.S.Parthasarathy, learned Senior Counsel appearing for Mr.R.Lakshmi Narasimhan, learned counsel on record for the appellant states that the documents at S.Nos.1 to 16 of additional typed set of papers dated 31.07.2025 have been filed before the learned single Judge.
3. Registry will verify the records and put up a report in confirmation of this fact or otherwise on the next date of hearing.
4. While we do not stand in the way of the Receiver to visit the trust premises and acclimatize himself with the affairs of the trust, let this be done in the presence of the trustees. This position shall continue till 21.08.2025.
5. List on 21.08.2025.”
6. We are not inclined to intervene in the appointment of Advocate Receiver, specifically for the reason that the Deed of Trust dated 14.06.1996 provides for the appointment of a Board of Trust 6/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/09/2025 03:59:18 pm ) O.S.A.Nos.259, 239, 240 & 241 of 2025 comprising five trustees, whereas, as also noticed by the learned Judge, the Trust has been running only with a sole trustee.
7. Before us, it is the case of the appellant that the appointment of the other trustees has also been made. To demonstrate this, they have filed an additional compilation containing 16 documents. This compilation is dated 31.07.2025 and it is their say that these documents were produced before the learned Judge.
8. Since there is no reference to the documents in the order, we had asked the Registry to report on whether at all these documents form part of the records of the learned Single Judge. Report dated 14.08.2025 has been filed where the Registry states that ‘the counsel for the Appellant has filed documents in D.No. 30138 of 2025 Sl.No.1 to 16 of additional Typed set of papers dated 31.07.2025 in this Appeal only and the Counsel has not filed any additional Typed set of papers before the learned Single Judge.’
9. However, both learned counsel on record for the appellant and respondents, would confirm that compilation dated 31.07.2025 had indeed been produced before the Court, though only on 31.07.2025 on which date the matter had been listed for clarification, whereas the order appointing the Administrator had been passed even as on 07.07.2025.7/23
https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/09/2025 03:59:18 pm ) O.S.A.Nos.259, 239, 240 & 241 of 2025 The learned Judge had evidently not accepted the documents across the Bar and that too belatedly, as the substantive orders appointing the Administrator had been passed three weeks prior to that date.
10. Learned Senior Counsel for the appellant would urge that the additional documents now produced would establish the case of the appellant and would also reveal that the Trust has been administered properly with necessary number of trustees, as per the trust deed.
11. We are not inclined to consider the documents now at the stage of appeal. Hence and since the learned counsel for respondents does not object, we remand the matters to the file of the learned Judge for consideration of the admission of the documents now produced, as well as the contents of the documents themselves, if he is inclined to admit the same.
12. Learned counsel for appellant is permitted to make an application for consideration of the documents at Sl.Nos. 1 to 16 as additional documents and include any other documents that he may rely upon and produce them before the learned Single Judge, who may, at his discretion admit the same, and pass orders in the applications denovo after affording opportunity to respondents as well. All contentions are left open to be placed before the learned Judge.
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13. As the matters are being remanded solely to afford opportunity to the Appellant to put forth their case on the strength of the additional documents now produced, if admitted by the learned Judge, we make it clear that the appointment of the Administrator is not disturbed. In modification of our earlier order dated 04.08.2025, we direct the Administrator to assume full charge of the Trust and the Rajiv School of Excellence.
14. There is a direction to the appellant to handover to the Administrator, all records, including bank statements, passwords, and other data required to authenticate the aforesaid, forthwith. The Administrator will submit a statement of accounts every month and endure compliance of all other directions to him under order of the learned Judge dated 07.07.2025 and subsequent orders. The appellants may also attend the premises of the trust but shall not intervene in the running of the Trust by the Receiver.
15. These original side appeals disposed in terms of this order.
No costs. Connected miscellaneous petitions are closed.
[A.S.M., J] [N.S., J] 21.08.2025 Index:Yes/No Neutral Citation:Yes/No 9/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/09/2025 03:59:18 pm ) O.S.A.Nos.259, 239, 240 & 241 of 2025 ssm To The Sub Assistant Registrar, Original Side, High Court, Madras.
10/23https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/09/2025 03:59:18 pm ) O.S.A.Nos.259, 239, 240 & 241 of 2025 DR. ANITA SUMANTH, J.
and N.SENTHILKUMAR, J.
ssm O.S.A.Nos. 259, 239, 240 & 241 of 2025 21.08.2025 11/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/09/2025 03:59:18 pm ) O.S.A.Nos.259, 239, 240 & 241 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.09.2025 CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR O.S.A.Nos.259, 239, 240 & 241 of 2025 and C.M.P.Nos.18704, 17674, 17675 & 17681 of 2025 R.Manoj Kumar .. Appellant in all OSAs /Vs./
1.A.Sridevi
2.A.Babu
3.V.Kala
4.Vijayarani
5.Jaya
6.R.Ramya
7.A.Kannan
8.K.Sathyaveni
9.K.Someshwara Rao
10.A.Bharath Rao
11.A.Madhu
12.Rajiv School of Excellence Educational Trust run by Rajiv Gandhi Educational Trust, Represented by its Authorised Signatory No.5/516B, Sakthi Sairam Street, Ganapathy Nagar, Alapakkam, Chennai - 600 116. ..Respondents in all OSAs Prayer in O.S.A.No.259 of 2025: Appeal filed under Order XXXVI 12/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/09/2025 03:59:18 pm ) O.S.A.Nos.259, 239, 240 & 241 of 2025 Rule 9 of O.S. Rules read with Clause 15 of Letters Patent against the order dated 30.07.2025 in O.A.No.444 of 2025 in C.S.No.96 of 2025 on the file of this Court.
Prayer in O.S.A.No.239 of 2025: Appeal filed under Order XXXVI Rule 9 of O.S. Rules read with Clause 15 of Letters Patent against the order dated 07.07.2025 in O.A.No.443 of 2025 in C.S.No.96 of 2025 on the file of this Court.
Prayer in O.S.A.No.240 of 2025: Appeal filed under Order XXXVI Rule 9 of O.S. Rules read with Clause 15 of Letters Patent against the order dated 07.07.2025 in O.A.No.441 of 2025 in C.S.No.96 of 2025 on the file of this Court.
Prayer in O.S.A.No.241 of 2025: Appeal filed under Order XXXVI Rule 9 of O.S. Rules read with Clause 15 of Letters Patent against the order dated 07.07.2025 in O.A.No.444 of 2025 in C.S.No.96 of 2025 on the file of this Court.
(In all OSAs) For Appellant :Mr.S.Parthasarathy, Senior Counsel for Mr.R.Lakshmi Narasimhan (In all OSAs) For Respondents :Mr.R.Thiagarajan, (for R1 to R4) No Appearance (for R5, R6, R8, R9, R10, R11 & R12) R7 - Not ready in Notice.
Mr.S.Kasikumar 13/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/09/2025 03:59:18 pm ) O.S.A.Nos.259, 239, 240 & 241 of 2025 (Advocate Receiver) COMMON ORDER (Order of the Court was made by DR.ANITA SUMANTH, J.) This matter is listed under the caption 'for being mentioned' at the instance of Advocate Receiver, Mr.S.Kasikumar, who was appointed by the learned Single Judge and whose appointment has been confirmed by us under order dated 21.08.2025.
2.The appeals filed by the appellants in O.S.A.Nos.259, 239, 240 & 241 of 2025 were disposed on 21.08.2025 and in para 14, we have directed the appellants to hand over to the Advocate Receiver all records, including bank statements, passwords, and other data in relation to the Rajiv School of Excellence. Thereafter, two memos have been filed by Mr.Kasikumar, one dated 04.09.2025 and the other dated 09.09.2025.
These memos are extracted in full below:
“Memo filed by the Advocate Receiver dated 04.09.2025
1. I have been appointed as the Advocate Receiver on 07-07-2025 in O.A Nos. 441 to 444 of 2025 in C.S. No. 96 of 2025.
2. 1 submit that against the above Order OSA. Nos 239 to 241 of 2025 filed by Mr.R.Manoj Kumar (1st Respondent in OA 444/2025) came up before the Hon'ble Division Bench on 24-07-2025 and the Hon'ble Division Bench refused to grant stay and ordered Notice to R5 to R12 returnable by 21-08-2025.
3. Since there is no stay order passed in OSA No.s 239 to 241 of 2025 by the Hon'ble Division Bench, I tried to take charge as per 14/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/09/2025 03:59:18 pm ) O.S.A.Nos.259, 239, 240 & 241 of 2025 the Court Order dated 07-07-2025 in OA 444 of 2025 in C.S No. 96 of 2025 on 26-07-2025.
4. When I went to Rajiv School of Excellence at 10:45 AM, and was standing on the road in front of the school, Mr.R.Manoj Kumar(1st Respondent) came from Rajiv School of Excellence and said, "There is no such trust available in the name of Rajiv School of Excellence Educational Trust and there is no existence of above said Trust in the said address".
5. Further that Mr.R.Manoj Kumar gave me an objection letter in front of the school with his counsel, Mrs.Sumithra at 3.20 PM. In his letter, he stated that there is no such trust available in the name of Rajiv School of Excellence Educational Trust run by Rajiv Gandhi Educational Trust and he further stated that there is no such existence of above said trust in the said address.
6. Thus, I was not permitted to enter and take charge by Mr.R.Manoj Kumar. Also I was made to stand on the road for more than an hour and felt embarrassed.
7.Therefore I filed the memo dated 26-07-2025 in OA NO.444 of 2025 before this Hon'ble Court. On 30-07-2025, This Honourable court directed the Administrator to take charge of Rajiv College of Excellence Educational Trust by 04-08-2025 and report the compliance on 05-08-2025.
8. As per this Hon'ble Court Order dated 30.07.2025 in O.A.No. 444 of 2025 in C.S.No. 69 of 2025, I went to the Trust premises on 04.08.2025 and Mr.R.Manoj Kumar Appellant gave me a letter stating that he filed Appeal against the order.
9. The Hon'ble Division Bench has passed the order on 04.08.2025 in CMP.No. 18704 of 2025 in OSA No. 259 of 2025 against the order passed in O.A.No.444 of 2025 in C.S.No. 96 of 2025 on 30.07.2025. The terms of the order as follows:
.."4.While we do not stand in the way of the Receiver to visit the trust premises and acclimatize himself with the affairs of the trust, let this be done in the presence of the trustees. This position shall continue till 21-08-2025"
10.The O.A.No.444 of 2025 in CS No.96 of 2025 listed for compliance on 05-08-2025 before this court and passed the following order:
......"6. The conduct of the first respondent in spite of the orders passed by the Hon'ble Division Bench is ex facie contemptuous. Now that the Hon'ble Division Bench has also permitted the learned Advocate Receiver to visit the Trust premises and get acclimatize with the functioning of the Trust, the first respondent shall comply with the orders of the Hon'ble 15/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/09/2025 03:59:18 pm ) O.S.A.Nos.259, 239, 240 & 241 of 2025 Division Bench dated 04-08-2025 in the true letter and spirit. As the Hon'ble Division Bench is seized of the matter, this Court is of the view that the issue can also be decided by the Hon'ble Division Bench in the intra-court appeal
7. The learned counsels are requested to apprise the Hon'ble Division Bench of the order passed by this Court today."
11. As per the direction of the Honourable court, I am going to the Trust office in Rajiv school of Excellence regularly. During one such visit, I sent a letter to Mr.R.Manoj Kumar and the so called Trustees dated 06-08-2025 to furnish all the documents and Bank details of the Trust. Rajiv College of Excellence Educational Trust has given the xerox copies of the documents such as Rajiv Gandhi Educational Trust deed, Rajiv College of Excellence Educational Trust deed, Rajiv College of Excellence Educational Trust Amendment Deed and Supplemental deed -2 & 3 dated 13-08-2025. But they did not furnish the Bank details of the said Trust.
12. Hence, once again I sent a letter to Mr.R.Manoj Kumar and the so called Trustees on 14-08-2025 in which I asked them to furnish the Bank details of the Trust, movable property, and the rents, issues and profits of the immovable property mentioned in the schedule with the power to get in and collect the outstanding debts and claims due, in respect of the said properties and further Municipal and other public charges due in respect of the Trust as per the Court Order. But there is no response from the Appellant and the so called Trustees till date. Hence I am unable to know the affairs of the said Trust as per the orders of the Hon'ble Division Bench order dated 04-08-2025. I filed the memo dated 20-08-2025 before the Honourable Division Bench and stated all the facts.
13. All these OSA. Nos 239, 240, 241, and 259 of 2025 were listed before the Hon'ble Division Bench on 21.08.2025. The Hon'ble Division Bench disposed all the above OSAs and remanded the case to the learned single judge. The learned Senior Counsel appeared for Mr.R.Manoj Kumar (Appellant in OSAs) and has given undertaking that the appellant will hand over everything as per the order to the Advocate Receiver without fail The appellant Mr.R.Manoj Kumar was present in the court.
14. The Honourable Division Bench also modified its earlier order dated 04-08-2025 and directed the Administrator to assume full charge of the Trust and Rajiv School of Excellence. Further, The Hon'ble Division Bench also permitted the appellant to attend the premises of the trust but shall not intervene in the running of the Trust by the Receiver.16/23
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15. The appellant did not fully furnishing the Bank details of the Trust, movable property, and the rents, issues and profits of the immovable property mentioned in the schedule with the power to get in and collect the outstanding debts and claims due, in respect of the said properties and further Municipal and other public charges due in respect of the Trust as per the Court Order passed in OAs and OSAs.
16. Appellant Mr.R.Manoj Kumar is coming to the School on daily basis and is giving directions to the School Principal, Teachers and Staffs. This is against the order passed by the Hon'ble Division Bench. Further, he is taking money unofficially from the administrative staffs. Even after the appointment of Advocate Receiver on 07-07-2025 by the learned single Judge, he has taken a sum of Rs.3,55,871 unofficially from the School on July 2025.
17. In the month of August 2025, he has taken money on daily basis about a sum of Rs.2,57,911. The above mentioned amount are paid by the parents as their Children's School fees. I was not aware of the amount received by Mr.R.Manoj Kumar from the office till 29.08.2025 as the administrative staff did not inform me. Due to this, I am unable to pay the salary to the school staffs for the month of August 2025.” ADDITIONAL MEMO FILLED BY THE ADVOCATE RECEIVER DATED 09.09.2025
1.I already filed memo dated 03-09-2025 may be read as part and parcel of this memo.
2.Mr.R.Manojkumar (Managing Trustee) and Trustees were sent a letter on 28-08-2025 to me regarding the bank account details without mentioning branch name. I have verified with the Banks and found that the Account Numbers are wrongly mentioned in the letter given by Mr.R.Manoj Kumar and the Accountant who is the one of the Trustee. Then, I made an enquiry about it, they have given another letter on 01-09-2025 with the correct account numbers. But they did not provide any details about the debts, ECS, NACH and Cheques linked with the accounts.
3.The details of ECS and NACH are purposely hidden by the Accountant and Trustees from me. The Accountant Mrs. Veeralakshmi is completely colluded with Mr.R. Manoj Kumar and interfering my administration and doing the wrong activities such as hiding the above facts and giving wrong information which is totally against the benefit of the Trust.
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4. Mr.R.Manoj Kumar appellant has received the amount of Rs.3,55,871/- from the Office in July 2025 unofficially, with the help of the accountant and Trustee Mrs. Veeralakshmi, even after the appointment of the Receiver. In the month of August 2025, Mr.R.Manoj Kumar appellant has once again received the amount of Rs.2,57,911/- from the Office unofficially, with the help of the accountant and Trustee Mrs. Veeralakshmi.
5.questioned the Accountant regarding the above illegal financial activities and told her "I will make a police complaint against Mr. Manojkumar and you". After a few days Mr. Manoj Kumar returned only the amount taken on 26-08-2025 and 28-08-25. This is purely a violation of Hon'ble High Court Order and complete intervention in the running of the Trust by the Receiver.
6.In the meantime, the student fees which was collected has been purposely deposited by the Accountant Mrs. Veeralakshmi in the A/C 2504201000076 on daily basis. On 06-09-2025, I checked the bank balance of the above mentioned A/C, and came to know that the sum of Rs. 3,75,580/- has been debited through NACH (National Automated Clearing House) from it, on 04-09-25. Further I went to the Bank on 06-09-25 and verified that there are many such ECS and NACH linked with the above mentioned Account. The ECS and NACH details as follows:-
S.N Date of Every To Whom Amount in Rs.
o. Mont of
ECS/NACH
1 4th Day SMFG India Credit Co Ltd 375580
2 4th Day UGRO Capital Ltd 500186
th
3 5 Day HDFC 18582
4 5th Day Kodak Mahindra Prime Ltd 235331
5 8th Day Clix Capital Services Pvt 977623
Ltd
6 11th Day Mahandra & Mahandra 281185
Financial Services
7 19th Day BSNL 353
8 Fullerton India Credit
Company Ltd
7. So, I gave a letter to the Canara Bank Manager, in it's branch in 18/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/09/2025 03:59:18 pm ) O.S.A.Nos.259, 239, 240 & 241 of 2025 Valasaravakkam, asking to stop all the payment in any form from the School A/Cs. I also requested them to destroy the unused cheques.
8. The ECS and NACH linked in the above mentioned A/c are well known by the managing Trustee Mr. R.Manoj Kumar and other Trustees including the Accountant Mrs. Veeralakshmi, but they did not informed me about these facts. The amount deposited from the School is completely withdrawn through ECS and NACH without my knowledge.
9. The amount of Rs.50,311/- is only available as of 09-09-2025. This amount is not sufficient to pay the salary of the Staffs/Teachers in the School.
10. The amount available in another A/c No. 2504214000008 is Rs.2,30,080/- only as of 08-09-2025.
11. The Managing Trustee Mr. R.Manoj Kumar is also demanding his so called salary, a sum of Rs. 100000/-, from the month of August 2025. But there was no salary paid to him before.
12. The total amount needed to pay the salary is approx.. Rs.8,62,932/-.
13. The total expenses for the month of August is Rs.2,49,427/-. EPF and ESI amount are not included in the total expenses.
14. The total income for the month of August 2025 is Rs. 9,73,815/-.
15.Hence, I stated that the income from the School is not sufficient to run it.
16.On 03-08-2024, Mr. R.Manoj Kumar, Managing Trustee, has mortgaged the School Deed (Survey No. 146/111 in Vanagaram Village measuring to the total extend of 28800 S.ft.) without possession to Clix Capital Services Pvt Ltd The Document No. of the Mortgaged Mortgaged property is 8996/2024. The amount of Mortgage is Rs.42,42,00,000/- (Forty two Crores and forty two Lakhs only).
17. I am not aware of the full information regarding ECS and NACH linked in all the A/Cs maintained in the School These details are not yet given by the Managing Trustee Mr. R.Manoj Kumar and other Trustees as per the Hon'ble Court Order.
18. As I already mentioned, Mr.R.Manoj Kumar is coming to the School daily and interfering with my administration and day to day activities. If I assigned any work to the staffs they are uniformly saying, "I will ask Manoj Kumar sir regarding this and will do according to his instruction". It seems that Mr.R.Manoj Kumar has been giving instruction to the Staff/Teachers that, "You should 19/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/09/2025 03:59:18 pm ) O.S.A.Nos.259, 239, 240 & 241 of 2025 follow only my instructions since I have appointed you all". This is the violation of the Honourable Court Order and intervening in the administration of the Receiver.
19.There is a vacant land measuring 6 Grounds available in Sakthisairam Street, Ganapathy Nagar, Vanagaram Village. This land has been used as the playground and the parking of the School But, one of the Trustee Mrs. Sahaya Mercy W/O Mr.R.Manoj Kumar came to the School premises on 04-09-2025 and told, "The land belongs to me and it is not linked with the School or Trust".
20.Further, Mrs. Sahaya Mercy directed the school staff des the name of the school painted in the gate of the playground. As pes her direction, the staff destroyed the name using the paint without informing me. She also instructed the school staff to not permit the vehicles of the students and school vehicles for parking. She came to the School premises on 08-09-2025 and argued with me to release this land for her own use without giving any documents even though this land is included in the Order passed on 07-07-2025 in O.A. Nos 441 to 444 of 2025 in C.S.No 96 of 2025.
21. In the meantime, Mr. R.Monaj Kumar, Managing Trustee and the other Trustees Mrs. Sahaya Mercy W/O Mr. R. Manoj Kumar, Mrs. Veeralakshmi and Mr. J.Sivakumar were sitting together in the Chairman's Room and shouted at the Principal Mrs. Dr. Ruth Joseph for working as per my Instructions.
22. Hence I humbly stated that all the Trustees are intervening my daily activities and the administration. So I am unable to run the School smoothly. They did not give the other records, rental income details and rental amount from the properties mentioned in the Order. The current income from the School alone is not sufficient to run the School.
23. A penalty will be applied to the school account if the payment for ECS and NACH is not settled.
24.Therefore, a specific order required from this Hon'ble Court for the Receiver regarding the clearance of all ECS and NACH linked in the School Account by Mr.Manoj Kumar and the Trustees even though there is insufficient money in the School Account.
25.The Managing Trustee Mr. R.Manoj Kumar, appellant did not furnish all the records, details of the rental properties, rental income, ECS and NACH details as per this Hon'ble Court Order dated 21-08-2025 passed in O.S.ANos 259, 239, 240 and 241 of 2025.” 20/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/09/2025 03:59:18 pm ) O.S.A.Nos.259, 239, 240 & 241 of 2025
3.Copy of the above memos have been served on the learned counsel for the appellants.
4.We have today heard Mr.Kasikumar, learned Advocate Receiver and Mr.R.Lakshmi Narasimhan, learned counsel for the appellants. The latter would submit that he would like to file his objections to the allegations in the memos and he may do so. The objections to the memos be considered by the learned Single Judge as and when the applications are taken up.
5.In light of the allegations made in the aforesaid memos, which touch upon financial impropriety as well as alleged gross interference by the appellants in the discharge of duty by the Advocate Receiver appointed by this Court, the concession granted earlier to the appellants to attend the premises of the trust, stands revoked forthwith. That concession was extended on the express premise that the appellants shall not intervene in the running of the trust by the Advocate Receiver, which faith now stands belied by their actions. In the event it is required, the Advocate Receiver is permitted to approach the jurisdictional police station to obtain police protection to carry out his duties and secure the 21/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/09/2025 03:59:18 pm ) O.S.A.Nos.259, 239, 240 & 241 of 2025 protection of the college assets.
6.As far as the playground is concerned, we are given to understand by the Advocate Receiver that the same has been locked by the wife of one of the persons claiming to be a trustee, on the ground that the land belongs to her. In the interests of the Institution, it is made clear that the playground should be made available to the students of the Institution until further orders of the learned Single Judge.
7.It is also made clear that there not be any encumbrances created on the suit properties by any of the parties to these proceedings until further orders on this account by the learned Single Judge.
[A.S.M.J.,] & [N.S.J.,]
16.09.2025
NCC :Yes/No
Index :Yes/No
Internet :Yes
ta
Note: Issue order copy on 17.09.2025
22/23
https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/09/2025 03:59:18 pm )
O.S.A.Nos.259, 239, 240 & 241 of 2025
DR.ANITA SUMANTH, J.
AND
N.SENTHILKUMAR, J
ta
O.S.A.Nos.259, 239, 240 & 241 of 2025
and
C.M.P.Nos.18704, 17674, 17675 & 17681 of 2025 16.09.2025 23/23 https://www.mhc.tn.gov.in/judis ( Uploaded on: 18/09/2025 03:59:18 pm )