R.P.RAJENTHIRAN Vs. DISTRICT REGISTRAR

JUDGEMENT

(1.) This writ petition has been filed for the issue of a writ of mandamus, directing the 2nd respondent not to register any document that is submitted by the 3rd respondent Charitable Trust, pending disposal of the Scheme Suit that has been filed under Section 92 of CPC., before the Principal District and Sessions Court, Namakkal.

(2.) The case of the petitioner is that the petitioner and 13 others have filed a Scheme Suit under Section 92 of CPC., before the Principal District Sessions Court, Namakkal, seeking for framing of a Scheme for the public trust and for other directions. An application seeking leave to institute the suit in I.A.No.154/2018, was filed and the same is pending. In the meantime, since steps were taken to register the supplemental trust deed, representation was given to the 2nd respondent not to register any document. Apprehending that the 2nd respondent will not consider the representation, the present writ petition has been filed before this Court seeking for appropriate directions.

(3.) The learned counsel for the petitioner submitted that the present trustees of the 3rd respondent Trust are going against the very object of the Trust and even without convening a meeting, a document has been created as if, a meeting was conducted and the trust deed was amended. This trust deed is now sought to be registered before the 2nd respondent. The learned counsel for the petitioner submitted that without the leave being granted by the Court below, no interim orders can be sought for by the petitioner and therefore, left with no other alternative, the present writ petition has been filed before this Court.