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4. In view of this, a notice was issued under Clause 4(a) to (d) of the Decree dated 10.3.1954 in Original Suit No. 21 of 1952 of District Court, West Thanjavur at Thanjavur as modified by the decree dated 30.8.1978 in Original Suit No. 6 of 1970 of District Court, West at Thanjavur and further amended by the decree dated 5th August 1987 in Appeal Suit No. 992 of 1978 of this Court, calling for applications for the appointment of five hereditary trustees, two from each of the first two branches in the direct male line of the Founder's line, the first being that of M.K.N. Naina Mohamed Labbai Maracair, the second branch being that of M.K.N. Ahmed Thambi Maracair and one hereditary trustee from the third branch being that of Haji M.K.N. Sheik Salath Labbai Maracair and three non-hereditary trustees from among the Muslim residents of the panchayat area of Adiramapattinam other than members of the male line of the three branches of the Founders. It is also stated in the notice that the hereditary and non-hereditary trustees will hold office for a term of three years and applications are accordingly invited from the members of the families of the founders and others for the said eight posts. In view of the orders of this Court in C.M.P. No. 18382 of 1987 dated 12.8.1988 the said notice was issued by the order dated 26.10.1988 in O.S. No. 6 of 1970 on the file of District Court, West Thanjavur, Thanjavur. It is also stated in the said notice that persons who had already applied for the said posts in pursuance of the notice dated 28.10.1987 need not apply afresh. The time fixed for the receipt of the application was on 28.11.1988. It is further stated that the applications received thereafter will not be considered on any ground. It is further considered by the District Judge, West Thanjavur, in open court at 12.00 noon on 28.11.1988 and that all the applicants shall appear in person or through counsel before the District Judge, West Thanjavur on that day with prima facie evidence of the particulars in their applications and the applications of the applicants who do not appear before the District Judge at that time will not be considered for appointment and their applications will be rejected. Clauses 3 and 4 of the said notice issued on 26.10.1988 reads as follows:

After this, the registry of this Court, by order M.F.59/89-Judl.dt. 4.7.1989, directed the present District Judge, West Thanjavur at Thanjavur to take up the proceedings with regard to the appointment of Trustees for M.K.N. Madarasa, Adhiramapattinam, Thanjavur District, pursuant to the Scheme decree passed in O.S. No. 21 of 1952 as modified in O.S.No.6 of 1970 on the file of District Court, Thanjavur. The present District Judge ordered notice on 31.7.1988 stating that the applications will be considered in open court on 29.8.1989 at 12.00 noon. I find that I.A.No.216 of 1989 has been filed by one Abdul Azeez to permit him to go through the particulars of the applications and records of the applicants for the appointment of trustees on 22.8.1989.I find from the file that the present District Judge, West Thanjavur, at Thanjavur heard the counsel and permitted the said petitioner to peruse the records in the presence of Personal Assistant to District Judge of West Thanjavur between 3.30 p.m. and 5.30 p.m. on 22.8.1989. The Learned District Judge, West Thanjavur at Thanjavur heard the petitioner and their advocates. The learned District Judge, West Thanjavur at Thanjavur passed the impugned order on 5.9.1989 appointing two hereditary trustees from the first branch, two hereditary trustees from the second branch and one hereditary from the third branch and three non-hereditary trustees to the above mentioned Trust.
"I. Clause 4(a) the trust and its properties shall vest in a body of nine trustees to be selected as indicated below. Only persons not being indebted to the trust will be eligible to hold office as hereditary trustees.
b) out of the nine trustees, six shall be selected by the District Judge West Thanjavur as hereditary trustees. Two from each of the three branches in the direct sex male line of founders' families, the first branch being that of M.K.N. Naina Mohammed Lebbai Maracair the second branch being that of M.K.N. Ahamed Thambi Maracair and the third branch being that of Haji M.K.N. Salath Lebbai Maracair. The hereditary trustees shall hold office for life.

In Appeal suit No.992 of 1978, which is filed against O.S. No.6 of 1970, a Division Bench of this Court, has fixed the term of office for both hereditary and non-hereditary trustees for a period of three years. As I have already stated above, applications were called for filling up of vacancies by the District Judge, West Thanjavur at Thanjavur. 15 applications were received for filling up of two hereditary trustees from the first branch. For filling up of two hereditary trustees from the second branch, 12 applications were received. For filling up of one hereditary trustee 'from the third branch, 7 applications were received. For filling up six vacancies from the non-hereditary trustees,: 47 applications were received. So far as the appointment of hereditary trustees from the first branch is concerned, only 10 applications were considered, while others were absent and they were rejected. Out of this, one A. Haleem and M.A. Abdul Raheem were appointed. Out of the said applications three persons have came up before this Court preferring C.R.P. Nos.3290, 3281 and 3296 of 1989. They are filed by M.S. Thajudeen, N. Abdul Aziz and N. Mohamed Mohideen respectively. So far as Mr.M.S.Thajudeen, the petitioner in C.R.P. No.3280 of 1989 is concerned, the learned District Judge has taken note of the fact, that the applicant is a permanent resident of Tuticorin that he cannot function as a trustee to the Trust at Adiramapattinam, mat he encroached a park in Adiramapattinam, that a case in O.S.No.667 of 1982 was pending against him and that it was not denied by the applicant concerned and as such his application was rejected. So far as the application of Mr. Md. Moideen, the petitioner in CRP.No.3296 of 1980 is eoncerned, the learned District Judge has taken note of the fact that he is only 33 years old, that a middle-aged man with certain amount of experience shall be preferable and as such his application was rejected. So far as Mr. N. Abdul Azziz, the petitioner in C.R.P. No.3297 of 1989 is concerned, it is stated by the learned District Judge that he is an industrialist, that he is an income-tax assessee, and that he is holding a liquor permit On the ground that he is holding a liquor permit, his application was rejected. So far as Mr. A. Haleem, who has been appointed as one of the hereditary trustees, the learned District Judge has taken note of the fact that he has been connected with the Trust from the year 1963. On the ground that the said A. Haleem is doing excellent work in the interests of the Trust, he has been appointed by the learned District Judge. The learned District Judge has taken note of the judgment of the Supreme Court in CA.No.602 of 1961 to arrive at this decision. So far as one M. Abdul Raheem, who has been appointed as one of the hereditary trustees in the first branch, is concerned, the learned District Judge has taken note of the fact that he is having a rice mill, that he is paying a kist of Rs.100/- that he is an elder member in the first branch and that he is a person who lives on the bonds of tenets of Islam. The objection raised that he is not the owner of the rice-mill is rejected by the learned District Judge.