Allowed

M.Hariharan and 4 others v. Nil

Madras HC12 Nov 2021A/3857/2021

Case brief

AI extract

What is this about?

The court permitted the second applicant, Mr. T.K. Ramkumar, to execute the sale deed on behalf of the Seshadri Padma Memorial Charitable Trust. The original Managing Trustee, Mr. M. Hariharan, was deemed medically unfit to do so due to his age (83 years) and serious health conditions including Covid infection and hypertension, as supported by a medical certificate.

What did the court decide?

Permission granted to Mr. T.K. Ramkumar to execute the Sale Deed in place of Mr. M. Hariharan.

M.Hariharan and 4 others Vs Nil — Madras HC (2021) — LawSathi Research

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A.No.3857 of 2021 in O.P.No.637 of 2020

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A.No.3857 of 2021 in O.P.No.637 of 2020

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ABDUL QUDDHOSE, J.

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This Court, by its earlier order dated 02.03.2021 passed in O.P.No.637 of 2020, granted permission to the Managing Trustee of Seshadri Padma Memorial Charitable Trust to sell the petition mentioned property for a sale consideration of Rs.1,75,00,000/- (Rupees one crore and seventy five lakhs only) and invest the sale proceeds in income-tax approved securities and out of the interest earned, expand the charitable activities of the Trust.

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A.No.3857 of 2021 in O.P.No.637 of 2020 has now been filed to permit the second applicant herein to execute the sale deed in the place of Mr.M.Hariharan, Managing Trustee of Seshadri Padma Memorial Charitable Trust on the ground that Mr.Hariharan is 83 years old and due to Covid infection and his serious illness, he is unable to execute the Sale Deed.

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A Medical Certificate dated 08.11.2021 has been given by Dr.K.S.Srikanta Rao, Child Specialist and Family Physician, confirming that Mr.M.Hariharan is aged about 83 years and he is under his treatment for the

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past five years and is known to have Mellitus, hypertension. The said https://www.mhc.tn.gov.in/judis Page 1/3

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A.No.3857 of 2021 in O.P.No.637 of 2020

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Certificate also confirms that Mr.M.Hariharan was hospitalised due to Covid infection , prostate surgery and post Covid sequelae.

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As seen from the medical report, it is clear that Mr.M.Hariharan, Managing Trustee of the Trust, due to his present medical condition is unfit to execute a Sale Deed. Therefore, this Court is satisfied with the reasons contained in the affidavit filed in support of this application and accordingly, permits the second applicant/second petitioner in the main O.P, Mr.T.K.Ramkumar to execute the Sale Deed on behalf of the Trust in the place of Mr.M.Hariharan.

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Accordingly, this application is allowed as prayed for.

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12.11.2021

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srn

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https://www.mhc.tn.gov.in/judis

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Page 2/3

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A.No.3857 of 2021 in O.P.No.637 of 2020

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ABDUL QUDDHOSE, J.

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srn

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A.No.3857 of 2021 in O.P.No.637 of 2020

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12.11.2021

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https://www.mhc.tn.gov.in/judis

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M.Hariharan and 4 others v. Nil

Case brief

What is this about?

What did the court decide?

M.Hariharan and 4 others v. Nil

Case brief

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