S.R.TRUST Vs. S.RAMESH

JUDGEMENT

(1.) BY means of a registered Declaration of Trust Deed dated 09.05.1985, a public trust by name "SR Trust" was constituted by Dr.N.Sethuraman, second petitioner herein and six others as trustees. The primordial objects of the Trust are to serve the public by providing medical relief to the sick, disabled and handicapped and to promote research in disease, to establish medical institutions and research etc., By virtue of Clause No.6 of the Trust deed, the second petitioner shall be the President and his wife the third petitioner shall be the Secretary of the Board of Trustees and Clause No.7 authorises the President to nominate and appoint at any time additional trustees or remove any trustee according to his will, while Clause No.8 provides that the vacancies caused by resignation or retirement or removal or otherwise of the trustee may be filled in by nomination by the Founder during his life time and subsequently by the President. On 20.06.2003, a supplementary deed was executed and registered in order to fill up the vacancies created by the death of two trustees. By an unanimous resolution adopted by the trustees, the respondent herein and the fourth petitioner were appointed as trustees to hold the office for the duration of their life time.

(2.) YET another supplementary deed dated 22.07.2005 came to be registered with incorporation of Clause 3(a) by means of which, the respondent shall be the Director of Academics, who shall administer the educational institutions of the Trust, whereas the Managing Trustee of the Trust shall administer Meenakshi Mission Hospital and Research Centre, a hospital run by the trust. On 10.06.2010, a supplementary deed of Trust was registered modifying Clause No.7 of the trust deed dated 22.07.2005 to the effect that "for and during the life time of the Founder, the appointment of any additional trustees or removal of any other trustees shall be done only by the Founder and the Managing Trustee jointly. After the life time of the Founder, the appointment of any additional trustees or removal of any other trustees shall be done only with the unanimous decision of the Managing Trustee with any one of the Trustees."

(3.) IT is stated that on 09.02.2011, the respondent received show cause notice but failed to respond to the same. Hence, in a Board Meeting convened by the Trust, a resolution was passed removing this respondent from the Board of Trustees of SR Trust and the said communication was sent by the Secretary, the third petitioner herein to the respondent on 17.02.2011.