A APPASAMY TRUSTEE VALLIVALAM DESIKAR EDUCATIONAL TRUST PANNAI ILLAM NAGAPATTINAM DISTRICT Vs. DISTRICT REGISTRAR NAGAPATTINAM

JUDGEMENT

(1.) (WP No.28488 of 2007 filed under Article 226 of the Constitution of India praying for a writ of certiorari calling for the records of the respondent ending with proceedings No.Nil dated 24.8.2007 and quash the same. WP No.28551 of 2007 filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the first respondent and the District Registrar, Nagapattinam, to furnish the report submitted by the District Registrar, Nagapattinam, on the basis of the enquiry made pursuant to the notice dated 24.8.2007 to the petitioner.) Common Order: This order shall govern these two writ petitions in WP Nos.28488 of 2007 and 28551 of 2007.

(2.) THE Court heard the learned Counsel on either side. THE affidavits along with the grounds in respect of the writ petitions are perused.

(3.) AS regards WP No.28551/2007, the case of the petitioner therein in short is that the petitioner is the Managing Trustee of M/s.Valivalam Desikar Educational Trust; that it came into existence by way of a registered document; that the Trust was established by Manaithunai Natha Desikar; that the petitioner is the grandson; that by a registered Will in the year 1965, the said Desikar appointed his daughter Kannagammal as the Trustee after his life time; that Kannagammal who succeeded to his interest as Trustee, nominated the petitioner as the Managing Trustee for the Trust to succeed to the interest of the Trust; that the nomination was declared by a deed of declaration on 25.8.2003 which was registered before the Sub Registrar, Thiruvarur, and thus, he has been effectively functioning as the sole Managing Trustee; that the Trust is running a Polytechnic College, known as Valivalam Desikar Polytechnic College, Nagapattinam, which is also a Society registered under the Act; that the members were nominated by the Founder Trustee; that through the Governing Council of Society, the administration of the College was made; that the petitioner is made as Chairman for life time; that following the death of the mother of the petitioner, now he is in control and management of the affairs of the institutions; that while the matter stood thus, the fourth respondent has presented a document before the third respondent, the Sub Registrar, Thiruvarur, seeking an amendment of the Trust Deed and suppressing all the necessary material facts; that the facts mentioned by him in the document, are thoroughly false; but, the document has also been registered; that the fourth respondent having been removed as the Chairman of the sole trustee by a letter dated 11.9.2003, has already instituted a suit in O.S.No.410/2004 on the file of the District Munsif's Court, Nagapattinam; that the same is pending; that the fourth respondent is making attempts to usurp the administration of the Polytechnic which is the subject matter of the pending proceedings; that all these matters have been suppressed by him when the document for amendment of the trust deed was submitted by him, on 16.8.2007; that under such circumstances, the petitioner gave a protest petition before the District Registrar, and it is also pending; and that in view of the same, the entire document and the registration thereof have got to be quashed by issuance of a writ of certiorari.