LAWS(MAD)-2010-12-102

P S G GANGA NAIDU & SONS CHARITIES Vs. SPECIAL COMMISSIONER & COMMISSIONER-LAND REFORMS /LAND COMMISSIONER

Decided On December 03, 2010
P.S.G.GANGA NAIDU Appellant
V/S
SPECIAL COMMISSIONER AND COMMISSIONER-LAND REFORMS /LAND COMMISSIONER Respondents

JUDGEMENT

(1.) Considering the chequered history involved in the present writ petition, the factual matrix leading to the filing of the Writ Petition will have to be gone into for deciding the issues raised.

(2.) The Petitioner herein is a Charitable Trust running a number of Educational Institutions. The Petitioner Trust was created by a Deed dated 26.09.1947 which was registered as Document No. 4943 of 1947 on 25.11.1947. The Petitioner Trust was founded by late Shri.P.S.G. Ganga Naidu, the forefathers of the Respondents 4 to 7 as well as the Managing Trustee of the Petitioner Trust.

(3.) Two sons of Late Sri.P.S.G. Ganga Naidu by name Shri.G. Govindasamy and Shri.G. Varadaraj said to have given specific extent of lands belonging to them in favour of the Petitioner Trust in the year 1960. A letter was also said to have been addressed by the Late Shri.G. Govindasamy in favour of the Petitioner Trust on 14.01.1960 stating that the properties to an extent of 45.82 acres in Velankurichi Village, Coimbatore District, can be used by the Petitioner Trust for grazing, raising, fodder crops etc. A resolution was said to have been passed by the Petitioner Trust on 22.02.1960 accepting the alleged oral gift. The said resolution was also said to have been communicated to the Late Shri.G. Govindasamy.