A NO. 2145 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-04-2025 CORAM THE HONOURABLE MR JUSTICE K.KUMARESH BABU A No. 2145 of 2025 in C.S.DR.No.64985 of 2025 C.R.Rajan and another S/o.C.Ramakrishnan, No.7, 23rd Cross Street, Thiruvalluvar Nagar, Thiruvanmiyur, Chennai 600 041. Applicant(s) Vs Tamilnadu Hindu Religious and Charitable endowments Department Rep.by the Principal Secretary to the State of Tamil Nadu, 119 Uthamar Gandhi Salai, Nungambakkam, Chennai 34. & 2 Ors Respondent(s) For Applicant(s):Mr.C.Vigneswaran For Respondent(s): Mr.T.Arun Kumar for R1 Additional Government Pleader ORDER The present application has been filed to grant leave to the applicant/ plaintiff to initiate the present suit against under Section 92 of the Code of Civil Procedure 1908. 2. Heard the learned counsels appearing on either side. https://www.mhc.tn.gov.in/judis 3. The instant suit had been filed seeking to regulate the affairs of the third defendant/ Trust. A claim had been made by the plaintiffs1-3 that the Trust properties are being misused. He would submit that the propounder of the Trust had bequeathed all his properties for religious charitable purposes and are being managed presently by the first defendant in the Suit. It is categorical allegation that the first defendant had been attempting to misuse the properties of the third defendant/ Trust. The said properties are being used for other purposes than putting it to use for charitable purposes. He would further submit that the second defendant, which is a Statutory Body created for management of the Trust created by a person or a group of organisaton belonging to the Vanniyakula Kshatriya Community. Therefore, the management of the said Trust should be handed over to the second respondent. Since, the properties of the Trust are being mismanaged by the first defendant to its whims and fancies, the present Suit had been filed. He would further submit that the plaintiffs belong to the community and therefore, they are the interested person in seeing that the object of the Trust is being fulfilled. Therefore, he seeks leave of this Court. 4. Even though the Religious Charitable Trust do not come within the purview of the https://www.mhc.tn.gov.in/judis Court under Section 92 CPC, it should be seen that the allegations are made against the first defendant who are in management of the properties of a Trust. This Court had been empowered under Section 92 CPC being parens patriae jurisdiction. The HR &CE Act has been enacted creating as a Statutory Authority for supervising the religious charitable institutions which would also include trust. In exercise of the powers under the Act, the statutory Authorities are enjoined with the duty to appoint the trustee/ trustees on the terms of the Trust Deed/ Will (in this case) or otherwise to frame a Scheme for management of the trust by providing for appointment of trustees. No such efforts seems to have been taken by the Statutory Authorities and they have been managing the properties of the trust. Hence, this Court is of the considered view that in the present case, this Court can exercise its jurisdiction under Section 92 of CPC to regulate the affairs of the trust. 5. In such view of the matter, the leave as prayed for is granted. As a corollary, the Registry is directed to number the suit, if it is otherwise in order. 6. Learned counsel for the plaintiffs would submit that there are other applications also to be ordered. Hence, the Registry is directed to number the said applications and list the https://www.mhc.tn.gov.in/judis same on 28.04.2025. 25-04-2025 Gba To 1. Tamilnadu Hindu Religious and Charitable endowments Department Rep.by the Principal Secretary to the State of Tamil Nadu, 119 Uthamar Gandhi Salai, Nungambakkam, Chennai 34. https://www.mhc.tn.gov.in/judis