N. KUMARASAMY Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Claiming himself to be a public interest litigant, petitioner has filed the instant writ petition, to direct the first and second respondents, to act upon the representation, dated 5/3/2019 of the petitioner and to initiate action against the respondents 3 to 6, for registering documents of respondents 5 and

(2.) Petitioner is a Teacher. He states that one Muthayammal Educational Trust was administering several educational institutions, at Kakaveri Village, Rasipuram Taluk, Namakkal Distict. The Trust was administered by three trustees and functioning from Chennai. Somewhere in 2004, one member from the family of each of the trustees were inducted into the trust, as additional trustees and the trust deed was suitably amended. It is the contention of the petitioner that the erstwhile trustees, belonging to the family of P. Kandasamy, one of 14, viz., R.Kandasamy, K. Ammani and K.Gunasekaran, had already formed another charitable Trust, in the name of Muthayammal Educational Trust and Research Foundation. It is the contention that several properties of Muthayammal Educational Trust and Research Foundation was transferred to Muthayammal Educational Trust and Research Foundation. It is the further contention of the petitioner that certain collusive suits were filed by Muthayammal Educational and Charitable Trust and Muthayammal Educational Trust and Research Foundation, against Muthaiyammal Educational and Charity Trust, in O.S.Nos.10 and 11 of 2010, respectively, on the file of the Principal District Court, Namakkal District, seeking declaration of title over all the said properties resolved to be transferred to them by Muthayammal Educational Trust. It is the allegation of the petitioner that suits were not filed against Muthayammal Educational Trust but against the Trustees in their individual names. It is alleged by the petitioner that in the collusive suit, a decree was obtained by suppression of facts and misrepresentation.

(3.) It is further alleged that Muthayammal Educational and Charitable Trust and Muthayammal Educational Trust and Research Foundation wanted to get their decrees registered, but the same were impounded by the Registration Department, for non-payment of stamp duty, on the ground that the said decrees amount to conveyance of properties.