S.MANIVANNAN Vs. V.M.PURUSHOTHAMA MUDALIAR

JUDGEMENT

(1.) This revision petition arises against the order passed in I.A.No.13 of 2008 in I.A.No.604 of 1993 in O.S.No.166 of 1949 dated 28.04.2011 by the learned Subordinate Judge, Vellore.

(2.) According to the learned counsel appearing for the petitioners, on 29.07.1898 one Veerasmy Mudaliar established a Public Charitable Trust under a registered Settlement Deed dated 29.07.1898 and dedicated many properties in Vellore and Tiruvannamalai District. After the demise of the Founder, a scheme was decreed in O.S.No.19 of 1917 on the file of the Sub Court, Vellore. Subsequently, a suit was filed in O.S.No. 166 of 1949 for removal of trustees and for modifying the scheme and the same was decreed on 14.11.1950 by the learned Principal Sub Judge, Vellore, modifying the scheme.

(3.) In the year 1993, another Application in I.A.No.604 of 1993 was filed by the respondents 1 to 3 and one Madhava Mudhaliar before the Sub Court, Vellore, seeking for a direction to appoint them as Trustees. On 31.07.2007, the learned Sub Court passed an order directing the Trustees to make publication in 3 Tamil Daily Newspapers, inviting consent from eligible persons to be appointed as Trustees. Since the Trustees failed to make publications within the period of 30 days, as ordered by the Court, another application in I.A. No. 13 of 2008 was filed by the petitioners therein, seeking permission to issue advertisements. Challenging the order passed by the Sub Court, in the said Application, a revision petition in C.R.P. NPD No.1841 of 2008 was filed by the 5th respondent therein. By order dated 01.12.2008, this Court allowed the C.R.P.No.1841 of 2008, directing to advertise and invite application. Thereafter, a review application was filed in R.A. No.172 of 2008, by the first respondent before this Court, to review the order in C.R.P.No.1841 of 2008 and the said review application was allowed on 17.12.2008 directing the Scheme Court to invite prospective applications along with the credentials, in a sealed cover, to be submitted directly to the Scheme Court, which will select the Trustees, after processing the applications.