B K C M PALANICHAMY Vs. A RAJENDRAN

JUDGEMENT

(1.) THIS Writ petition is focussed to get set aside the order dated 13. 04. 2005 made in I. A. No. 494 of 2005 in I. A. No. 500 of 2002 in I. A. No. 957 of 1980 in O. S. No. 66 of 1960 on the file of the Principal Sub Court, Madurai and allow the I. A. No. 494 of 2005.

(2.) A re'sume' of facts absolutely necessary and germane for the disposal of this petition would run thus: o. S. No. 66 of 1960 is a scheme suit pending on the file of the Principal sub Judge, Madurai. It so happened that in I. A. No. 957 of 1980, the sixth respondent, by name A. V. M. Veerana Kone was appointed as receiver with certain missions. The sixth respondent admittedly has become old and to some extent, immobile and hence he is not willing to continue as receiver. In such a situation, I. A. No. 500 of 2002 was filed by the respondent Nos. 1 to 5 for appointment of a new receiver in replacement of the receiver already appointed. While so, in I. A. No. 500 of 2002, by an interim order, the seventh respondent herein was appointed as Advocate Commissioner to hold the election for the purpose of electing a receiver and suggesting a name to the Court for being appointed as receiver in replacement of the existing receiver.

(3.) IT appears, the said Advocate Commissioner by name Mr. Nalla Thambi, as per the Court direction made sincere attempts to convene the general body meeting of the community people concerned and try to conduct election so as to elect a receiver for being sponsored to the Court. In the general body meeting, it appears, he attempted to prepare a voters' list like thing, which did not fructify. So, he called for nomination from the community people and it appears, twenty persons filed nomination. In such a situation, the learned trial Judge appointed Mr. Kesavan, advocate, as interim receiver to take over the charge from existing receiver namely Veerana Kone and also to assist the earlier commissioner Thiru. Nalla Thambi, to conduct the election as already ordered. In such circumstances only, B. K. C. M. Palanichamy who is the second respondent in i. A. No. 500 of 2002 filed I. A. No. 494 of 2005 for recalling the order of appointment of interim receiver and for conducting the election for electing a receiver.