1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.02.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM CIVIL REVISION PETITION Nos.298 to 301 of 2011 and MISCELLANEOUS PETITION No.1 of 2011 CIVIL REVISION PETITION No.298 of 2011: 1.K.S.Abdul Shakoor 2.A.Abdul Shakoor 3.A.N.S.Sihabudin ..Petitioners/Petitioners Vs. 1.S.M.S.Mohamed Mohideen 2.S.M.S.Mohamed Aslam, M.K.N. Trust, Secretary, K.M.C. College, Adiramapattinam, Thanjavur. 3.S.M.S.Abdul Hasan 4.S.M.S.Ahamad Jalil 5.S.M.S.Ahamad Ansari .. Respondents/Respondents Civil Revision Petition has been filed under Article 227 of the Constitution of India against the order dated 05.02.2011 passed in unnumbered Interlocutory Application No.- of 2011 in Diary No.887 of 2011 in Original Suit No.6 of 1970 by the Principal District Court, Thanjavur. For Petitioners : Mr.Veera Kathiravan CIVIL REVISION PETITION No.299 of 2011: 1.K.S.Abdul Shakoor 2.A.Abdul Shakoor 3.A.N.S.Sihabudin ..Petitioners/Petitioners Vs. 1.S.M.S.Mohamed Aslam, M.K.N. Trust, Adiramapattinam, Thanjavur. 2.A.Aleem, Secretary, M.K.N. Trust, Adiramapattinam, Thanjavur. 3.Rafic, M.K.N. Trust, Adiramapattinam, Thanjavur. 4.Ameenudeen, M.K.N. Trust, Adiramapattinam, Thanjavur. https://hcservices.ecourts.gov.in/hcservices/ 2 5.Abdul Rahman, M.K.N. Trust, Adiramapattinam, Thanjavur. 6.A.Abdul Hadi, M.K.N. Trust, Adiramapattinam, Thanjavur. 7.M.A.Anwardeen, M.K.N. Trust, Adiramapattinam, Thanjavur. 8.Dr. Hanif, M.K.N. Trust, Adiramapattinam, Thanjavur. 9.Udhuman, M.K.N. Trust, Adiramapattinam, Thanjavur. .. Respondents/Respondents Civil Revision Petition has been filed under Article 227 of the Constitution of India against the order dated 05.02.2011 passed in unnumbered Interlocutory Application No.- of 2011 in Diary No.883 of 2011 in Original Suit No.6 of 1970 by the Principal District Court, Thanjavur. For Petitioners : Mr.Veera Kathiravan CIVIL REVISION PETITION No.300 of 2011: 1.K.S.Abdul Shakoor 2.A.Abdul Shakoor 3.A.N.S.Sihabudin ..Petitioners/Petitioners Vs. 1.S.M.S.Mohamed Mohideen 2.S.M.S.Mohamed Aslam, M.K.N. Trust, Secretary, K.M.C. College, Adiramapattinam, Thanjavur. 3.S.M.S.Abdul Hasan 4.S.M.S.Ahamad Jalil 5.S.M.S.Ahamad Ansari ..Respondents/Respondents Civil Revision Petition has been filed under Article 227 of the Constitution of India against the order dated 05.02.2011 passed in unnumbered Interlocutory Application No.- of 2011 in Diary No.885 of 2011 in Original Suit No.6 of 1970 by the Principal District Court, Thanjavur. For Petitioners : Mr.Veera Kathiravan CIVIL REVISION PETITION No.301 of 2011: 1.K.S.Abdul Shakoor 2.A.Abdul Shakoor 3.A.N.S.Sihabudin .. Petitioners Vs. https://hcservices.ecourts.gov.in/hcservices/ 3 1.S.M.S.Mohamed Mohideen 2.S.M.S.Mohamed Aslam, M.K.N. Trust, Secretary, K.M.C. College, Adiramapattinam, Thanjavur. 3.S.M.S.Abdul Hasan 4.S.M.S.Ahamad Jalil 5.S.M.S.Ahamad Ansari ..Respondents/Respondents Civil Revision Petition has been filed under Article 227 of the Constitution of India against the order dated 05.02.2011 passed in unnumbered Interlocutory Application No.- of 2011 in Diary No.889 of 2011 in Original Suit No.6 of 1970 by the Principal District Court, Thanjavur. For Petitioners : Mr.Veera Kathiravan COMMON ORDER These Civil Revision Petitions have been preferred against the orders of return passed in the petitions filed by the revision petitioners in Original Suit No.6 of 1970 by the Principal District Court, Thanjavur. 2. It is seen from the records that the revision petitioners have filed four petitions in Original Suit No.6 of 1970 stating that in Original Suit No.6 of 1970 a scheme decree has been passed so as to administer the trust, which is known as M.K.N.Madarasa of Adirampattinam. The first and foremost application has been filed with a specific prayer to reject applications seeking appointment of trustees. The second application has been filed praying to give necessary permission to institute original suit against erring trustees. The third application has been filed with a specific prayer not to appoint fifth respondent therein as trustee. The fourth application has been filed with a specific prayer of appointment an Advocate Commissioner for the purpose mentioned therein. The Court below has returned all the petitions stating that no main applications are pending in Original Suit No.6 of 1970. Against the orders of return passed by the Court below, these Civil Revision Petitions have been preferred. 3. Considering the nature of the orders passed by the Court below, notice need not be sent to the respondents and these Civil Revision Petitions are disposed of on merits at the stage of admission. 4. The learned counsel appearing for the revision petitioners has emphatically contended that in Original Suit No.6 of 1970, a scheme decree has been passed so as to administer the trust which is known as M.K.N.Madarasa of Adirampattinam, but the present trustees have been misusing their powers and thereby acting against the interests of the trust and further the present trustees have made applications so as to get fresh appointment in Original Suit No.6 of 1970 and under the said circumstances, these petitions have been filed for the reliefs sought for therein, but the Court below has erroneously returned all these petitions and therefore the orders of return passed by the Court below are liable to be set aside. https://hcservices.ecourts.gov.in/hcservices/ 4 5. In fact, this Court has perused all the returns made by the Court below. The Court below has mainly returned all the petitions stating that no main proceedings are pending in Original Suit No.6 of 1970. In fact, this Court has perused the relief sought for in the first petition. As stated earlier, the first petition is to reject all the applications seeking appointment of trustees. In the prayer of the said petition, it is stated as follows: "For the reasons stated in the accompanying affidavit, it is prayed that this Hon'ble Court may please to reject the application of the present board of trustees, if any and to pass such other further order in the circumstances of the facts stated above". 6. From a cursory look of the said prayer, it is discernible that no main proceedings are pending in Original Suit No.6 of 1970. To put it in short that no applications have been numbered with regard to appointment of trustees and therefore the orders of return passed by the Court below are perfectly correct and this Court has not found any error in the orders of return passed by the Court below and altogether these Civil Revision Petitions deserve to be dismissed. 7. In fine, these Civil Revision Petitions deserve dismissal and accordingly are dismissed without costs. The revision petitioners are directed to represent the petitions in question, if applications are pending for appointment of trustees in Original Suit No.6 of 1970. The Principal District Court, Thanjavur is directed to number the applications to be presented on the side of the revision petitioners, if it is otherwise in order and dispose of the same on merits. The Registry is directed to return all the original petitions to the revision petitioners. Consequently, connected Miscellaneous Petition is dismissed. SD ASST REGISTRAR ( P AND A ) /TRUE COPY/ SUB ASST REGISTRAR smn To The Principal District Judge, Thanjavur. COPY TO: THE SECTION OFFICER, VR SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. DM:2011:FEB:22: COMMON ORDER PASSED IN C.R.P(NPD)(MD)Nos.298 to 301 of 2011 and M.P(MD)No.1 of 2011 17.02.2011 4P:3C:: https://hcservices.ecourts.gov.in/hcservices/