SANKARA NARAYANA PILLAI Vs. IGNATIOUS SELVARAJ

JUDGEMENT

(1.) Impugning the fair and decreetal orders, dated 13.03.2006, made in E.A.No.229 of 2004 in E.P.No.120 of 2003 in O.S.No.632 of 2000 and E.A.No.201 of 2004 in E.P.No.5 of 1998 in O.S.No.192 of 2000, on the file of the I Additional District Munsif Court, Nagercoil, the civil revision petitions have been laid by the revision petitioner.

(2.) In respect of Aloor Chettu Oor Vagai Neinar Divavinayakar Pillaiyar Samy Koil, a Denominational Trust, it is found that a scheme decree had been passed in O.S.No.51 of 1985, on the file of the Sub Court, Padmanabhapuram and it is also found that Thiru.Neelakandadhas, Advocate, has been appointed as a receiver to manage the said Trust. It is also found that the receiver had initiated certain proceedings for the recovery of the rents and the said proceedings ended in favour of the Trust and following the same, he has also initiated appropriate execution proceedings to collect the rents in E.P.Nos.157 and 120 of 2003. Further, it is found that as per the orders of the Sub Court, Padmanabhapuram, an election was conducted for the Trust and accordingly, three Trustees were elected and they being Kanagasabapathi, Gomathi Vinayagam and Sankara Narayana Pillai (petitioner herein). At that stage of the matter, it is found that the petitioner claiming that he had been elected as a Trustee as per the direction of the Court in the scheme decree and being elected as the Managing Trustee, preferred applications in E.A.Nos.229 and 201 of 2004 as mentioned above to implead him in the place of the receiver and it is found that the said applications were contested by the other Trustees.

(3.) According to the contesting Trustees, the fact that the petitioner Sankara Narayana Pillai was also elected as one of the Trustees is true, however thereafter, he has resigned the post and in his place, his brother Thamba Pillai has been elected as a Trustee and therefore, according to the contesting Trustees, Sanakara Narayana Pillai cannot claim to be the elected Trustee of the Trust and further according to them, Sankara Narayana Pillai has also received the amount deposited by him on resigning the post and due publication has also been made about his resignation in the newspapers and therefore, it is stated that the petitioner is not entitled to get himself impleaded in the place of the receiver.