Madras High Court
Pachaiyappas Trust Board vs The Advocate General on 29 June, 2020
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
A.No.1437 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 29.06.2020
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
A.No.1437 of 2020
Pachaiyappas Trust Board,
Represented by the President
Mr.Justice P.Shanmugam
former Judge, High Court of Madras
Having Office at Pachaiyapas College Campus,
Poonamallee High Road, Chennai – 600 030. .. Applicant
Vs
The Advocate General,
High Court of Madras, Madras. .. Respondent
Prayer: Application filed seeking approval of appointment of Mr.S.Vignesh
as Personal Secretary to the President.
For Applicant : Mr.K.V.Sundararajan
For Respondent : Mr.Deve Narendran
Government Advocate (CS)
Mr.Murugendran, for Trustees
ORDER
Heard the learned counsel appearing for the applicant and the learned Government Advocate appearing for the respondent and Mr.Murugendran http://www.judis.nic.in 1 A.No.1437 of 2020 appearing for the existing Trustees through video conferencing.
2. This application has been filed to grant approval for the appointment of Thiru S. Vignesh as Personal Secretary for the President of the Pachayappas Trust Board, Chennai.
3. It is an undisputed fact that Mr. Justice P.Shanmugam has been appointed as Interim Administrator by this Court Order dated 14.06.2018 in O.A.No.283 of 2018 and A.No.2624 of 2018 to administer the properties of the Trust. In pursuant to the same, the Interim Administrator has taken incharge of the Trust. In the above application, this Court has also directed to hold elections to the Trust. However, elections have not been over and the elections conducted is also subsequently interfered by the subsequent Orders of this Court. Thereafter, this Court by its detailed Order dated 18.12.2019 modified the original scheme and appointed Interim Administrator as the President of the Pachayappas Trust. It is also clear that the scheme of the Trust has been modified holding that the President of the Trust shall be appointed by the Madras High Court from time to time and former Judge of the High Court Mr.Justice P.Shanmugm was appointed as the President and his tenure is for a period of two years and his appointment shall be extended http://www.judis.nic.in 2 A.No.1437 of 2020 for one more tenure. In case of vacancy arises, in case of his resignation, the President shall be appointed as per the guidelines of this Court.
4. While appointing the President, this Court in Clause 11 (o) and 11
(p) are also added in the scheme decree, whereas Advisory Committee also to be appointed as indicated by this Court in the detailed Order. While passing such an Order, in para 61, this Court, has directed that the President shall have a secretariat consisting of required number of staff and assistants which shall be fixed by the President and appointment to that effect can be made by the President. Of course, such appointment shall be subject to approval by this Court. In view of such directions passed by this Court, to run the trust in proper manner, Honourable Mr.Justice P.Shanmugam has appointed Mr.S. Vignesh as Personal Secretary for the President of the Pachiappas Trust Board, as per the Order of this Court. Now, the present application has been filed seeking approval of such an appointment.
5. The Government Advocate has no objection in allowing this application.
http://www.judis.nic.in 3 A.No.1437 of 2020
6. Mr.Murugendran, the learned counsel representing the existing Trustees of Pachaippas Trust submitted that the Order of the Single Judge dated 18.12.2019 has been challenged before the Division Bench consisting of the Honourable Chief Justice and other Brother Judges and the matter is pending before the Division Bench and therefore, this petition is not maintainable before this Court. His further contention is that the President has already filed an application in A.No.1381 of 2020 seeking extension of time for holding election and the above application is directed to be placed before the Division Bench and hence, this application also to be placed before the Division Bench as this application cannot be decided here.
7. I am unable to agree with the above submission of the learned counsel. What was challenged before the Division Bench is an application for holding election. This application has been filed for approval of appointment made by the President, which was permitted by this Court in its detailed Order dated 18.12.2019. Therefore, this Court granting approval of the appointment made by the President would not cause any prejudice whatsoever to the Trustees. This Court in O.A.No.283 of 2018 has appointed Interim Administrator now he has been appointed as President of the Trust and he is working for the welfare of the Trust. Such being the position, mere http://www.judis.nic.in 4 A.No.1437 of 2020 approval of the appointment made by the President by Scheme Court will not cause prejudice to any one of the Trustee. At any event, all such appointments will be subject to the result of the appeal pending before the Division Bench. Therefore, the apprehension of the counsel appearing for the existing Trustees has no legs to stand.
8. Accordingly, this application is Ordered as prayed for.
29.06.2020 vrc/ggs http://www.judis.nic.in 5 A.No.1437 of 2020 N.SATHISH KUMAR, J.
ggs A.No.1437 of 2020 29.06.2020 http://www.judis.nic.in 6