Madras High Court
G.Ramasamy vs The District Collector on 4 January, 2021
W.A.(MD)No.1205 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.01.2021
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1205 of 2020
G.Ramasamy ... Appellant/Writ Petitioner
Vs.
1.The District Collector,
Sivagangai District,
Sivagangai.
2.The District Revenue Officer,
Sivagangai,
Sivagangai District.
3.The Revenue Divisional Officer,
Sivagangai,
Sivagangai District.
4.The Tahsildar,
Thiruppuvanam Taluk,
Sivagangai District.
5.A.Panneerselvam ... Respondents/Respondents
Prayer : Appeal filed under Clause 15 of the Letters Patent Act to set aside the
order passed by this Court in W.P.(MD)No.14189 of 2016, dated 04.02.2020.
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W.A.(MD)No.1205 of 2020
For Appellant : Mr.M.Kannan
For R1 to R4 : Mrs.J.Padmavathi Devi
Special Government Pleader
*****
JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J.)
This appeal has been preferred by the appellant aggrieved against the
last line of Paragraph 5 of the order of the learned Single Judge, which
mandates that a Patta shall be issued only in favour of the Trust alone and not in
favour of individuals, namely, either the petitioner or any one in the family.
2.The learned Single Judge made it clear that it would include the
appellant / writ petitioner or any one of his family members.
3.The learned counsel appearing for the appellant submitted that all
the members of different branches are to be included along with the Trust name
in the Patta.
4.We are afraid that such submission is contrary to the concept of
Trust itself. A person by virtue of the covenants in the Trust Deed would
become entitled to be appointed as a Trustee and not otherwise. The Trustee
will manage and administer the property on behalf of the Trust. The Trust may
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W.A.(MD)No.1205 of 2020
have its own obligations and the property is expected to be used for that
purpose. Therefore, there is no question of adding any other individual name
over the property owned by the Trust. In such view of the matter, we do not
find any error in the last line of Paragraph 5 of the order of the learned Single
Judge.
5.The learned Special Government Pleader appearing for the
respondents 1 to 4 submitted that the order of the learned Single Judge could
not be given effect to in view of pendency of the present writ appeal. As we
dispose of this Writ Appeal, by confirming the order of the learned Single
Judge, we expect the respondents concerned to give effect to the order passed
by the learned Single Judge, within a period of 12 weeks from the date of
receipt of a copy of this judgment.
6.Accordingly, this Writ Appeal is disposed of. No costs. However,
we make it clear that this judgment will not stand in the way of the appellant
seeking appropriate remedy towards the Management and Administration of the
Trust.
Index :Yes/No [M.M.S.J.,] [S.A.I.J.,]
Internet :Yes/No 04.01.2021
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W.A.(MD)No.1205 of 2020
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy, shall
be the responsibility of the advocate/litigant concerned.
To
1.The District Collector,
Sivagangai District,
Sivagangai.
2.The District Revenue Officer,
Sivagangai,
Sivagangai District.
3.The Revenue Divisional Officer,
Sivagangai,
Sivagangai District.
4.The Tahsildar,
Thiruppuvanam Taluk,
Sivagangai District.
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W.A.(MD)No.1205 of 2020
M.M.SUNDRESH, J.
AND
S.ANANTHI, J.
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W.A.(MD)No.1205 of 2020
04.01.2021
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