Madras High Court
Dr.T.K.S.Villalan vs M/S. Muhurtham Event Management ... on 25 January, 2021
Rev.Appln.No.4 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.01.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
Review Application No.4 of 2021
Dr.T.K.S.Villalan ... Applicant
Vs.
1. M/s. Muhurtham Event Management Pvt. Ltd.
rep. by its Director
Anna Arangam Office
No.14/29, Dr. Gurusamy Road
Chetpet
Chennai 600 031.
2. The Advocate-General
Government of Tamil Nadu
High Court
Chennai 600 104.
3. Pachaiyappa's Trust Board
rep. by Interim Administrator
Thiru Justice P.Shanmugam
Former Judge, High Court of Madras
Office at Pachaiyappa's College Campus
No.113, Harrington Road
Aminjikarai
Chennai 600 030.
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Rev.Appln.No.4 of 2021
4. The Administrator General and Official Trustee
High Court
Chennai 600 104.
5. Dr.R.Prabakaran
6. V.Ramanathan
7. V.Duraimohan ... Respondents
Prayer: Application under Order XLVII, Rule 1, read with Section 114
of Civil Procedure Code, to review the order dated 23.12.2020 made in
OSA No.346 of 2019.
For Applicant : Mr.K.Doraisamy, S.C.
For Ms.A.Muthumani
For Respondents : Mr.Murugendran
for respondent-3
ORDER
(Made by the Hon'ble Chief Justice)
The review application has been filed primarily to dispel the
effect of the observations contained in the judgment and order under
review. By the order impugned dated December 23, 2020, the Division
Bench dealing with the matters observed as follows, at paragraph 133
thereof:
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Rev.Appln.No.4 of 2021
"133. We remit the matter to the learned Single Judge
with a request that the learned Single Judge will have to
revisit the matter in the light of the observations made herein
above broadly in respect of the three issues of dispute that
have been raised, namely, (i) the election of the Board of
Trustees; (ii) the examination of the reasons and the need to
modify the scheme if at all required; and (iii) the procedure,
the form and substance of proceedings relating to the
maladministration, mismanagement, managerial fraud or
malfeasance arising out of the allegations made particularly
with regard to the lease having been extended for being
utilized for commercial purposes. There are other financial
and administrative issues also referred to with regard to
which allegations and counter allegations have been made,
which may also have to be gone into provided such issues are
raised in accordance with the procedure prescribed by law
and in the event the same is found entertainable, then the
examination thereof as per the settled procedure relating to
trusts and disputes of the present nature."
2. On the basis of the aforesaid, the Division Bench required the
matter to be listed before the appropriate single Bench and the matter
was directed to be examined and disposed of expeditiously, "preferably
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Rev.Appln.No.4 of 2021
within three months". It was also observed that the appeal stood
allowed to such extent.
3. In dealing with the various aspects of the matter, particularly
since the judgment runs into several pages spanning 139 paragraphs,
several observations have been made, which, according to the review
applicant, unless clarified to be tentative and not conclusive, may
affect the manner of assessment of the matter afresh by the Single
Bench.
4. It is submitted by some of the other parties opposing the
review applicant that when the various matters were brought to the
notice of the Court, the Court has been pleased to indicate a position
and such position should not be undone.
5. It is quite clear from the impugned order that the entire
conspectus has been required to be looked into afresh and decided in
accordance with law. In the circumstances, there is no question of the
observations in the preceding paragraphs of the judgment having a
binding or lasting impact to affect the course of action to be adopted
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Rev.Appln.No.4 of 2021
by the Single Bench.
6. Accordingly, the Review Application No.4 of 2021 is disposed
of by clarifying that the observations in the Division Bench order of
December 23, 2020 are without prejudice to the rights and contentions
of all the parties and may not unduly influence the Single Bench as it
decides all issues afresh. It is also made clear that it will be open to
the Single Bench to deal with the matter at its convenience and as
expeditiously as the business of the Court permits, without any time
limit being fixed by this Court.
7. Nothing further remains of the matter. There will be no order
as to costs.
8. Copies of the review application should be forwarded to all
other parties before the matter is taken up by the Single Bench.
(S.B., CJ.) (S.K.R., J.)
25.01.2021
Index : Yes/No
kpl
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Rev.Appln.No.4 of 2021
To
1. The Advocate-General
Government of Tamil Nadu
High Court
Chennai 600 104.
2. The Administrator General and Official Trustee
High Court
Chennai 600 104.
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Rev.Appln.No.4 of 2021
THE HON'BLE CHIEF JUSTICE
AND
SENTHILKUMAR RAMAMOORTHY, J.
(kpl)
Rev.Appln.No.4 of 2021
25.01.2021
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