Writ petition under Article 226 praying for appointment of a receiver to investigate a private Trust's trustees and manage the Trust. Held that such relief cannot be granted in writ proceedings. Petition dismissed.
No costs. Relief sought to appoint a receiver and manage the Trust denied.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.09.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.39467 of 2016
Mr.M.Palanisamy ...Petitioner
Vs
Dindigul District.
PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, d irecting the 2nd respondent to appoint a receiver to investigate the past misdeeds of the 1st respondent Trust's Trustees and to manage the Trust in according with the Trust Deed and report to this Honourable Court within a time frame fixed by this Honourable Court.
For Petitioner : M/s.Akshya For M/s.K.Seetha Ram For Respondents : R1 – Mr.P.Navaneethakrishnan R2 & R3 – Mr.K.M.D.Muhilan Government Advocate O R D E R
The relief sought for in the present writ petition is to direct the 2 nd respondent to appoint a receiver to investigate the past misdeeds of the 1 st respondent Trust's Trustees and to manage the Trust in according with the Trust Deed.
2. The relief as such sought for against the Trust cannot be granted in a writ proceedings under Article 226 of the Constitution of India.
3. The learned counsel appearing on behalf of the first
respondent made a submission that the petitioner has already filed an application before the Original Side of this Court in Application No.387 of 2021.
5. Accordingly, the writ petition stands dismissed. No costs.
Sd/-
Assistant Registrar(CS-VI)
//True Copy//
Sub Assistant Registrar
kak
To
Rep.by its Managing Trust, Mr.Raj Kumar,
Dindigul District.
Dindigul District.
+1cc to M/s.S.Saravanan, Advocate, S.R.No.49162
W.P.No.39467 of 2016
SR-II(CO) RGA(12/10/2021)
1 issue framed by the court
Whether a Writ Petition under Article 226 can issue a Mandamus directing the Government to appoint a receiver to investigate misdeeds of a private Trust's trustees and manage the Trust.
1 provisions across 1 enactments
Mr. M. Palanisamy
M/s. Guruwappa Endowment Trust
The Principal Secretary, Department of Education
The Collector, Dindigul District
S.M. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
