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Sir John Demonte Trust Vs — Madras HC (2018) — LawSathi Research

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Madras HC
2018
Sir John Demonte Trust VsSir John Demonte Trust Vs

Disposed

Sir John Demonte Trust Vs

Madras HC18 Apr 2018OP/248/2018

Case brief

AI extract

What is this about?

Order permitting the petitioner trust to approve a scheme for leasing its property subject to adherence to legal procedures.

What did the court decide?

Petitioner permitted to approve scheme for leasing property; petitioner Trust to adhere to legal procedures.

What the court decided

AI extract

A

1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 18.4.2018

CORAM

THE HONOURABLE MR .JUSTICE N.SATHISH KUMAR

O.P.NO.248 of 2018

Sir John Demonte Trust Rep. by its sole Trustee, Most Reve. Dr.George Antonysamy, Archbishop of Madras - Mylapore, Archbishop's House No.41, Santhome High Road, Chennai 600 004 rep. by his Power of Attorney .. Petitioner

This petition is is filed under Section 7 of the Chartitable

and Religious Trust Act, 1920 read with Order XIV Rule 8 of the O.S. Rules, in the interest of justice and equity, to approve the scheme framed by the petitioner Trust in paragraph 10 to 12 to lease the

property namely, land in extent of 11.65 grounds 27.939 sq.ft. situated at Block No.86, S.No.3923, Benz Garden at Boat Club road, R.A.Puram, Chennai 600 028 with a frontage of 31'4'' morefully described in the schedule of the petition, as per the aims and objects and the purpose for which the Trust was created and as per

Parties & counsel

AI extract

petitioner
Sir John Demonte Trust Rep. by its sole Trustee, Most Reve. Dr.George Antonysamy
respondent
State of Tamil Nadu

Coram

AI extract

N.SATHISH KUMAR

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 18 Apr 2018 · April
Registered: 12 Mar 2018
Case no.: OP/248/2018

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Cite this judgement

Sir John Demonte Trust Vs, OP/248/2018 (MAD), decided on 18 April 2018.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

N.SATHISH KUMAR

Parties & counsel

Outcome

Petitioner permitted to approve scheme for leasing property; petitioner Trust to adhere to legal procedures.

Detailed headnote1 paragraphs

The Hon'ble Court permitted the petitioner trust to approve a scheme for leasing the trust property as framed in the petition, in accordance with the Supreme Court order and the aims of the trust, with a direction to adhere to legal procedures.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

the order passed by the Supreme Court, dated 14.12.2011 in Civil http://www.judis.nic.in Appeal bearing No.3052/2006, by (a) calling for public offers by

2

placing advertisement in newspaper; (b) to scrutinize the offers inconsultation with the property consultant appointed by the petitioner and select the most advantageous offer, in the best comprehensive interest of the petitioner and (c) to execute rgistered lease deed with the prospective lessee.

For Petitioner : Mrs.Auxilia Peter

**** O R D E R

That the petitioner herein be and is hereby permitted to

approve the scheme framed by the petitioner trust in paragraph 10 to 12 to to lease the property namely, land in extent of 11.65 grounds 27.939 sq.ft. situated at Block No.86, S.No.3923, Benz Garden at Boat Club road, R.A.Puram, Chennai 600 028 with a frontage of 31'4'' morefully described in the schedule of the petition, as per the aims and objects and the purpose for which the Trust was created and as per the order passed by the Supreme Court, dated 14.12.2011 in Civil Appeal bearing No.3052/2006, by (a) calling for public offers by placing advertisement in newspaper; (b) to scrutinize the offers inconsultation with the property consultant appointed by the petitioner and select the most advantageous offer,

in the best comprehensive interest of the petitioner and (c) to execute rgistered lease deed with the prospective lessee.

http://www.judis.nic.in

3

That the petitioner Trust shall adhere to the

procedures contemplated under law, while carrying out the tasks.

18.4.2018

Index : Yes/No
vaan

http://www.judis.nic.in

4

N.SATHISH KUMAR, J.

vaan

O.P.NO.248 of 2018

Dated: 18.4.2018

http://www.judis.nic.in

CNR

HCMA010426352018

Bench

N. Sathish Kumar

Disposal

ALLOWED

19 Apr 2018

Dr.Christiana Jaya Shobana Vs Babiola Marie Jayasree

19 Apr 2018