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2026 DAILYLAW 55043 (MAD)

Dr. K. Azaku Tamil Selvi and another v. Vaels Educational trust and 5 others

A/3109/2026 · 2026-07-23

A D Maria Clete

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

A.No.3109 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-07-2026 CORAM: THE HON'BLE DR.JUSTICE A.D.MARIA CLETE A.No.3109 of 2026 and C.S.D.No.121489 of 2026 1) Dr.K.Azaku Tamil Selvi, D/o Late Isari Velan, Aged about 52 years, Residing at New No.11, Old No.5, 1st street, Alamelumangapuram, Mylapore, Chennai 600 004 2) Dr. Arul J, S/o T.S.Jayaraman, Aged about 56 years, Residing at New No.11, Old No.5, 1st street, Alamelumangapuram, Mylapore, Chennai 600 004 ..Applicants/ Plaintiffs Vs 1. VAEL’s Educational Trust, Registered office at No.10, Kabali Nagar, Mylapore, Chennai 600 004 Also at Velan Nagar, PV Vaidhyalingam Road, Pallavaram 600 017 2. Dr.Ishari K.Ganesh, S/o Late Isari Velan, Aged about 60 years, Residing at No.5/109-D Bharathi Avenue, Injambakkam 600 115 3. Mrs.Arthi Ganesh, W/o Dr. Ishari K. Ganesh Aged about 52 years, Residing at No.5/109-D Bharathi Avenue, Injambakkam 600 115 https://www.mhc.tn.gov.in/judis A.No.3109 of 2026 __________ Page2 of 4 4. Preethaa Ganesh D/o Dr.Ishari K.Ganesh, Aged about 30 years, Residing at No.5/109-D Bharathi Avenue, Injambakkam 600 115 5. Kushmitha Ganesh, D/o Dr.Ishari K.Ganesh, Aged about 30 years, Residing at No.5/109-D Bharathi Avenue, Injambakkam 600 115 6. Mrs.K.Mahalakshmi, W/o Mr.S.Kamalakannan, Aged about 57 years, Residing at No.18, Dr.Ranga Road, Mylapore, Chennai 600 004 ..Respondents/ Defendants PRAYER in A.No.3109 of 2026 : Application filed under Section 92 of the Civil Procedure Code read with Order XIV Rule 8 of O.S. Rules read with Clause 12 of Letter Patent to grant leave to the applicants to institute the suit against the defendants. For Applicant: Mr.Balan Haridoss for M/s S.Elambharathi For Respondents: No appearing *** O R D E R Application in A.No.3109 of 2026 has been filed under Section 92 of the Civil Procedure Code read with Order XIV Rule 8 of O.S. Rules read with Clause 12 of Letter Patent to institute the proposed suit against the defendants. https://www.mhc.tn.gov.in/judis A.No.3109 of 2026 __________ Page3 of 4 2. The suit is principally laid for framing a scheme for the proper administration of the first defendant Trust and for consequential declarations relating to the alleged resignation of the first plaintiff, appointment of trustees and the Deed of Amendment dated 29.11.2017. The reliefs sought in the proposed suit are prima facie in conformity with Section 92(1) of the Code of Civil Procedure. 3. It is averred that the first defendant is a public educational and charitable Trust. The first plaintiff claims to be one of its founders and a Life Trustee, while the second plaintiff claims to have participated in the administration of an institution run by the Trust. Thus, the plaintiffs have prima facie established their interest in the first defendant Trust. 4. In view of the above, and without expressing any opinion on the merits of the allegations made in the proposed suit, application filed in A.No.3109 of 2026 seeking leave is granted to the applicants to institute the suit under Section 92 of the Code of Civil Procedure. Accordingly, this application stands allowed. 23-07-2026 sts Note: Registry is directed to number the suit, if it is otherwise in order. https://www.mhc.tn.gov.in/judis A.No.3109 of 2026 __________ Page4 of 4 DR.A.D.MARIA CLETE J., sts Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No To: 1. VAEL’s Educational Trust, Registered office at No.10, Kabali Nagar, Mylapore, Chennai 600 004 Also at Velan Nagar, PV Vaidhyalingam Road, Pallavaram 600 017 2. Dr.Ishari K.Ganesh, S/o Late Isari Velan, Residing at No.5/109-D Bharathi Avenue, Injambakkam 600 115 3. Mrs.Arthi Ganesh, W/o Dr. Ishari K. Ganesh Residing at No.5/109-D Bharathi Avenue, Injambakkam 600 115 4. Preethaa Ganesh, D/o Dr.Ishari K.Ganesh, Residing at No.5/109-D Bharathi Avenue, Injambakkam 600 115 5. Kushmitha Ganesh, D/o Dr.Ishari K.Ganesh, Residing at No.5/109-D Bharathi Avenue, Injambakkam 600 115 6. Mrs.K.Mahalakshmi, W/o Mr.S.Kamalakannan, Residing at No.18, Dr.Ranga Road, Mylapore, Chennai 600 004 Order made in A.No.3109 of 2026 and C.S.D.No.121489 of 2026 Dated: 23-07-2026 https://www.mhc.tn.gov.in/judis