1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.11.2011 CORAM THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.(MD)No.323 of 2011 Arumuganeri Salt Workers Cooperative Production and Salt Society Ltd., Gratuity Fund Trust, rep by its Chairman & Secretary, C.Chandrasekar Arumuganeri, Tiruchendur Taluk, Thoothukudi District. ... Petitioner Vs. 1.The Manager, Canara Bank, Arumuganeri, Thiruchendur Taluk, Thoothukudi District. 2.MSS.Shanmugavenkatesan (R-2 impleaded as per order dt.20.7.2011 in MP(MD)No.1 of 2011) .. Respondents This writ petition has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of mandamus to direct the respondent to permit the petitioner to operate the SB Account No.6042 through its Secretary. For Petitioner : Mr.B.Prabhu Rajadurai For Respondents : Mr.V.Ramalingam for R-1 O R D E R The writ petition is filed by the petitioner, claiming to be the Chairman and Secretary of Gratuity Fund Trust of Arumuganeri Salt Workers Co-operative Production and Salt Society Limited, seeking for a direction to the first respondent Canara Bank, Arumuganeri Branch to permit the petitioner to operate the SB Account No.6042 through its Secretary. 2. When the writ petition came up on 10.01.2011, this Court directed private notice to be served on the respondent. Subsequently, one MSS.Shanmuga Venkatesan was impleaded as the second respondent by filing M.P.(Md).No.1 of 2011. 3. On notice from this Court, the first respondent has filed a counter affidavit dated 06.03.2011. It was accepted that the petitioner has established a Trust vide Trust Deed dated 05.06.1983 and the trust has opened an S.B.Account No.6042 to maintain its fund and the gratuity amount were paid to the employees from the said SB https://hcservices.ecourts.gov.in/hcservices/ 2 account. It was stated that the then Special Officer of the Society sent a letter dated 28.08.2008 stating that the Bank Account should be operated jointly by the Trust Chairman who is the second respondent. Further letters were also sent by the present Special Officer on 20.08.2010 and 31.08.2010 seeking for permission to operate the bank account jointly with the Trust chairman. It was also claimed that the second respondent as a Chairman of the Society had passed resolution on 06.09.2010 to operate the account jointly with the Special Officer. Since there is a rival claim between the Special Officer and the second respondent, they could not allow the bank account to be operated. Further, it was stated that the bank is willing to abide by the order passed by this Court in relation to operation of the account No.6042. 4. A copy of the Trust Deed is produced by the petitioner. Since the Society had established the Trust, it will have full control over the Trust and nobody can claim that they are permanently entitled to operate the trust account whether they hold an office in the Society or not. The Special Officer of the Society who had re-placed the Board of Directors of the Arumuganeri Salt Workers Co- operative Production and Salt Society in the absence of the Board of Directors is entitled to operate the account on behalf of the Society. The first respondent is hereby directed to allow the Special Officer to operate the Trust account on behalf of the society and in the interest of the employees of the Society. 5. In case if there is any election to the Society, then the Society is entitled to reconstitute the Trust and appoint Trustees who will then take over the trust account. Until such time, the Society is entitled to operate the Trust Account also. 6. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To The Manager, Canara Bank,Arumuganeri, Thiruchendur Taluk, Thoothukudi District. +1cc to Mr.V.Ramalingam, Advocate, Sr.No.37711 W.P.(MD)No.323 of 2011 01.11.2011 svik SMA/25.01.2012/3C/2P https://hcservices.ecourts.gov.in/hcservices/