Madras High Court
S. Sarvothaman vs M/S. N. Selvaradjalu Chetty Trust on 16 October, 2020
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
O.P. No.647 of 2012 and
O.A.No.654 of 2019 & A.No.4476 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.10.2020
CORAM :
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
O.P. No.647 of 2012
and
O.A.No.654 of 2019 & A.No.4476 of 2015
S. Sarvothaman ... Petitioner
Vs.
1.M/s. N. Selvaradjalu Chetty Trust,
Rep.by its Chairman,
Dr.H.B.N.Shetty, I.A.S. (Retd),
17, First Street, Adyar, Chennai – 20.
2.Rasul Beevi
3.Nahima Begum ... Respondents
Prayer:- Petition filed under Section 3 & 7 of the Charitable and
Religious Trusts Act, 1920 to pass orders directing the first respondent
M/s.N.Selvaradjalu Trust, represented by its Chairman and / or trustees to
furnish to the petitioner:
1/6
http://www.judis.nic.in
O.P. No.647 of 2012 and
O.A.No.654 of 2019 & A.No.4476 of 2015
(a) true copies of the declaration of the trust dated 11.11.1972,
(regd. as Doc.No.252/1973, SRO, Pondicherry) executed by Padmini.
(b) Register or list showing the names of all the trustees appointed
in terms of the trust deed with particulars of the date of appointment and
resolution passed,
(c) Register or list showing the names of all the trustees appointed
and / or functioning under or in terms of the registered Will dated
30.09.1975 executed by Padmini.
(d) to furnish the names and particulars of trustees who constitute
the board of trustees of the first respondent trust, the date of their
appointment as trustees and the resolution appointing them as trustees,
(e) to furnish the particulars as to the nature and object of the trust
ans the properties moveable and immovable belonging to the trust,
(f) directing the first respondent trust to furnish particulars of the
alienation of the properties belonging to the trust from the date of trust
till this date, besides furnishing copies of the documents in support of
such alienations and transfers,
2/6
http://www.judis.nic.in
O.P. No.647 of 2012 and
O.A.No.654 of 2019 & A.No.4476 of 2015
(g) the particulars of the receipts and payment accounts,
expenditure account and the balance sheet for a period of 3 years
immediately prior to this date,
(h) if the first respondent has alienated any of the trust properties,
the first respondent be directed to furnish the particulars of the
disbursement of the proceeds realize on the sale or transfer of any of the
trust properties and the purposes for which the amounts realize have been
or being utilize for the purposes of the trust and or for carrying out the
objects of the trust.
(i) furnish to the petitioner, a true copy of the deed of trust with all
amendment or changes as on this date with the particular of the trustees
who have joined the first respondent trust on and from the date of death
of Padmini i.e., 07.06.1980.
(j) to furnish particulars of acquisition of movable or immovable
properties the name of the trust from the date of death of Padminin i.e.,
from 07.06.1980,
3/6
http://www.judis.nic.in
O.P. No.647 of 2012 and
O.A.No.654 of 2019 & A.No.4476 of 2015
(k) the cases which are pending in Courts and /or before any
authorities or tribunals in respect of the trust properties filed by the trust
or against the trust and
(l) any other direction or directions as may be deemed fit and proer
by this Hon'ble Court for purposes of granting reliefs to the petitioner.
For Petitioner : No Appearance
For Respondents : Mr. P. Chandra Sekar, for R1
ORDER
When the case was listed for hearing on 09.10.2020, this Court passed an order which reads as follows:-
“The learned counsel for the petitioner submitted that they have given change of vakalath and hence they have no instructions to appear for trial.
The learned counsel for the first respondent submitted that this is the ninth time they are giving change of vakalath and it is only a delay tactics to keep the matter pending. Hence the learned counsel submitted that the application has to be dismissed. Registry is 4/6 http://www.judis.nic.in O.P. No.647 of 2012 and O.A.No.654 of 2019 & A.No.4476 of 2015 directed to print the name of the petitioner/ applicant and post on 16.10.2020.”
2. Today, (16.10.2020) there is no representation on behalf of the petitioner/applicant. Therefore, the original petition is dismissed for default. Consequently, connected applications are closed.
16.10.2020 AT 5/6 http://www.judis.nic.in O.P. No.647 of 2012 and O.A.No.654 of 2019 & A.No.4476 of 2015 N.SATHISH KUMAR,J.
AT O.P. No.647 of 2012 and O.A.No.654 of 2019 & A.No.4476 of 2015 16.10.2020 6/6 http://www.judis.nic.in