A No. 5312 of 2024 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.08.2026 CORAM THE HON'BLE MRS.JUSTICE K. GOVINDARAJAN THILAKAVADI A No. 5312 of 2024 AND CS NO. 536 OF 2009 1. First Applicant Deleted As Per Order Dated 22/09/2025 In A.No.4092 Of 2025 And Time Extended As Per Order Dated 13.10.2025 2. Thiruneelakandar Trust Represented by its Managing Trustee R.Mohan, Having Office at Old No.5, New No.13, Gopal Street, T.Nagar, Chennai 600 017. ..Applicant(s) Vs 1. R.VENKATESH and 3 others S/o.P.Rajagopalan, Kodhai, New No.25, Play Ground View Road, Nandanam Extension Chennai. 2. P.Ganapathi S/o.Late Panchapakeshan, J-80, 1st Main Road, Anna Nagar East, Chennai 600 102. 3. R.Parthasarathy Trustee of Thiruneelakandar Trust, S/o.P.Rajaopalan, Srinivasa Krupa, No.17, 2nd Cross Street, West C.I.T.Nagar, Chennai 600 035. 4. V.Lakshmikanthamma Life Time Trustee of Thiruneelakandar Trust, W/o.Late M.Venugopal Reddiar, No.13, Old No.5, New No.13, Gopal Street, T.Nagar, Chennai 600 017. ..Respondent(s) https://www.mhc.tn.gov.in/judis A No. 5312 of 2024 __________ Page2 of 5 A No. 5312 of 2024 To implead the Applicant/Proposed Third Defendant namely, Thiruneelakandar Trust, Represented by its Managing Trustee, R.Mohan, Having Office at Old No.5, New no.13, Gopal Street, T.Nagar, Chennai 600 017 as Third Defendant in the above suit. A No. 5312 of 2024 For Applicant(s): Ms.Auxilia Peter For Respondent(s): Mr. N. Sreenivasalu for R1 and R2 Mr. Niranjan Rajagopalan for M/s. G.R. Associates for R3 Order This Application has been filed by the defendant seeking to implead the Thiruneelakandar Trust as a necessary party to the suit. The application is resisted by the plaintiff contending that the suit has not been instituted by the plaintiff in the capacity of trustee of the said Trust and that the trust itself is not the subject matter of the relief claimed in the suit. 2.Heard the learned counsel for the parties and perused the pleadings and the relief sought in the suit. https://www.mhc.tn.gov.in/judis A No. 5312 of 2024 __________ Page3 of 5 3.Though the suit has been described as a scheme suit, a mere nomenclature cannot determine the true nature of the proceedings. The substance of the relief sought has to be examined. The grievance of the plaintiff is that the defendants, who are functioning as trustees, are acting in a manner detrimental to the interest of the Trust and, therefore, they are liable to be removed from the trusteeship. 4.Thus, the lis in the suit is essentially between the plaintiff and the defendants concerning the continuance of the defendant in the office of trustees. The relief sought is for their removal from the trusteeship. The relief sought by the plaintiff may have a bearing upon the administration or affairs of the trust. It would, by itself, render the Trust a necessary party. A necessary party is one in whose absence no effective and complete adjudication of the issues arising in the suit can be made. In the present case, the questions raised cannot effectively be adjudicated between the existing parties. Since the relief is directed against the defendants in their capacity as trustees seeking their removal from office on the allegation that their conduct is detrimental to the interest of the Trust. Therefore, the Trust is not only a necessary party but also a proper party for determining whether the defendants are liable to be removed from the trusteeship on the grounds pleaded by the plaintiff. https://www.mhc.tn.gov.in/judis A No. 5312 of 2024 __________ Page4 of 5 5. In the circumstances, the application to implead the Thiruneelakandar Trust as a defendant is liable to be allowed. 6.Accordingly, the application is allowed. No costs. 21.08.2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VSN Note: The Plaintiff is directed to carry out the necessary amendments in the plaint and submit a clean copy of the plaint within a period of two weeks. List the matters before the Master for recording evidence on 02.09.2026. https://www.mhc.tn.gov.in/judis A No. 5312 of 2024 __________ Page5 of 5 K.GOVINDARAJAN THILAKAVADI J. VSN A No. 5312 of 2024 AND CS NO. 536 OF 2009 21.08.2026 https://www.mhc.tn.gov.in/judis