T.Senthil Kumar Vs Rajamani Govindasamy Trust — Writ and Judicial Review | Madras HC (2025)

T.Senthil Kumar Vs Rajamani Govindasamy Trust — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Parties left free (with liberty sought by the petitioner and undertaking by the respondents) to institute a suit under Section 92 of the Code of Civil Procedure; Civil Revision Petition disposed of with the above observations, no costs, and connected miscellaneous petitions C.M.P.Nos.11683 & 11684 of 2025 closed.

Issue for consideration

In view of the trial court's finding that a petition under Section 34 of the Indian Trust Act is not maintainable at the instance of a charitable trust, whether the parties are to be left free to seek relief by way of a suit under Section 92 of the Code of Civil Procedure.

Court's answer

It is well open to the parties to file a suit under Section 92 of the Code of Civil Procedure, as indicated in the judgment of the Division Bench of this Court in A.R.R. Charitable Trust; the respondents having also stated in their counter affidavit that they will prosecute such a suit.

Ratio / Principle

With the above observations, the Civil Revision Petition is disposed of; no costs awarded; connected miscellaneous petitions are closed.

Detailed headnote1 paragraphs

Madras High Court (N. Sathish Kumar, J.), by order dated 05.06.2025 in C.R.P.No.2019 of 2025 (with C.M.P.Nos.11683 & 11684 of 2025) filed under Article 227 of the Constitution of India, dealt with a challenge to the order dated 08.04.2025 of the Principal District Court, Tiruppur, in Trust O.P.No.42 of 2024, whereby the petitioner's application under Section 34 of the Indian Trust Act for sale of the trust property was dismissed mainly on the ground that such a petition is not maintainable at the instance of a charitable trust. Noting counsel's reliance on the Division Bench decision in A.R.R. Charitable Trust [O.P.Nos.211, 252 and 183 of 2023, dated 12.10.2023], that as regards a public charitable endowment only a suit under Section 92 of the Code of Civil Procedure is maintainable, and noting the respondents' counter affidavit undertaking to prosecute a Section 92 CPC suit, the Court held it well open to the parties to file such a suit and disposed of the revision with those observations, without costs, closing the connected miscellaneous petitions.

C.R.P.No.2019 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2025

CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR

C.R.P.No.2019 of 2025 and

C.M.P.Nos.11683 & 11684 of 2025

T.Senthilkumar

... Petitioner

Vs.

1.M/s.RajamaniGovindasamy Trust, Represented by G.Ramesh, Founder & Managing Trustee, No.1, E.K.G.S.Garden 1^st Street, Sripuluvapaaty Ring Road, No.15, Velampalayam Village, Tiruppur Taluk & District.

2.G.Ramesh,

Founder & Managing Trustee, No.1 E, K.G.S.Garden, 1^st Street, Sripuluvapaaty Ring Road, No.15, Velampalayam Village, Tiruppur Taluk & District.

3.R.Karthikeyani

4.R.MahaSowndarya

... Respondents

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C.R.P.No.2019 of 2025

PRAYER:

PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India against the order dated 08.04.2025 passed in Trust O.P.No.42 of 2024 on the file of the Principal District Court, Tiruppur.

For Petitioner : Mr.S.Hussain Afroze

For R1 to R4 : Mr.U.Chandramohan

O R D E R

Challenging the order of the Principal District Court, Tiruppur, dated 08.04.2025, made in O.P.No.42 of 2024, dismissing the application under Section 34 of the Indian Trust Act for sale of the property, the present revision has been filed.

2.The trial Court has dismissed the application mainly on the ground that the 1^st petitioner therein, being the charitable trust, a petition under Section 34 of the Indian Trust Act, is not maintainable. Challenging the same, the present revision is filed.

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C.R.P.No.2019 of 2025

3.Learned counsel appearing for the revision petitioner would submit

that the Division Bench of this Court in the case of A.R.R.Charitable Trust [O.P.Nos.211, 252 and 183 of 2023, dated 12.10.2023] , has held that, as far as public charitable endowment is concerned, only a suit is maintainable under Section 92 of the Code of Civil Procedure.

4.Therefore, the learned counsel for the petitioner seeks liberty to file a suit under Section 92 of the Code of Civil Procedure. The respondents have also filed a counter affidavit stating that they will prosecute a suit under Section 92 of CPC. In such view of the matter, it is well open to the parties to file a suit under Section 92 of the Code of Civil Procedure as indicated in the judgment of the Division Bench of this Court in A.R.R.Charitable Trust [O.P.Nos.211, 252 and 183 of 2023, dated

12.10.2023] .

5.With the above observations, this Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

mkn

05.06.2025

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C.R.P.No.2019 of 2025

N. SATHISH KUMAR, J.

mkn

Internet : Yes Index : Yes / No Speaking order / Nonspeaking order Neutral Citation : Yes / No To The Principal Judge, Tiruppur.

C.R.P.No.2019 of 2025

05.06.2025

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