Madras High Court
Sri Selvagangapathy Educational & vs Nil on 27 February, 2025
Author: R.Vijayakumar
Bench: R.Vijayakumar
C.R.P(MD)No.443 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.02.2025
CORAM
THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
C.R.P(MD)No.443 of 2025
Sri Selvagangapathy Educational &
Social Service Trust,
Represented by its President/Trustee,
R.Gandhi ... Petitioner/Petitioner
Vs.
NIL ... Respondent/Respondent
PRAYER: Civil Revision Petition is filed under Article 227 of
Constitution of India, to modify the fair and decreetal order of the
Principal District Judge, Sivagangai in Trust O.P.No.34 of 2020, dated
26.02.2021 on the file of the Principal District Judge, Sivagangai.
For Petitioners : M/s.Lakshmi Gopinathan
for M/s.Polex Legal Solutions
ORDER
The petitioner in Trust O.P.No.34 of 2020 on the file of Principal
District Court, Sivagangai is the revision petitioner herein.
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2. The petitioner Trust has filed an application under Section 34 of
Indian Trusts Act, 1882 seeking permission of the Court to mortgage the
Trust properties with any bank or financial institution for the purposes of
development of the school run by the Trust and other objectives of the
Trust. This application was considered on merits by the learned Principal
District Judge, Sivagangai and the same was allowed. However, it is the
grievance of the revision petitioner that at the time of granting
permission to mortgage the Trust properties, a restriction has been
imposed upon the Trust that the mortgage should be made only with a
nationalised bank. Challenging the said adverse portion, the present
revision petition has been filed.
3. According to the learned counsel appearing for the revision
petitioner, the Trust is maintaining several accounts with HDFC bank
and they are maintaining healthy records with the said bank. In such
circumstances, it would be very difficult for them to approach any other
bank seeking financial aid.
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4. The learned counsel appearing for the revision petitioner also
relied upon a judgment of this Court in C.S.No.25 of 2024, dated
10.06.2024, wherein this Court has permitted a Trust to mortgage the
properties in favour of HDFC Bank Limited for the purposes of availing
overdraft facility.
5. Considering the fact that the petitioner Trust is having its office
at Tirupathur and maintaining its bank accounts in HDFC Bank,
Tirupathur Branch, Sivagangai, this Court is inclined to set aside that
portion of the order of the trial Court, wherein a restriction has been
imposed upon the petitioner Trust to mortgage the property only with a
nationalised bank.
6. In view of the above said deliberations, the order impugned in
the revision petition is set aside and a modified order is passed as
follows:
The petition is allowed the petitioner Trust is permitted
to mortgage the schedule mentioned property upto its 50% of
the market value, with HDFC Bank, Tirupathur, Sivagangai.
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7. With the above said observation, this Civil Revision Petition
stands allowed to the extent as stated above. No costs.
27.02.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
gbg
To
1.The Principal District Court,
Sivagangai.
2.The Section Officer,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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R.VIJAYAKUMAR,J.
gbg
Order made in
27.02.2025
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