Madras HC reserve orders on plea to recover Pachaiyappa’s trust property
Chennai: The Madras high court has reserved orders on a petition, which sought a direction to the interim administrator of Pachaiyappa’s board trust to take effective steps to recover Trust properties, namely Anna Arangam in Chetput and Amma Arangam in Anna Nagar. Justice R. Subramaniam also reserved orders on the petition which sought to enhance the lease rent for the Anna Arangam and Amma Arangam.
When the petition filed by S. Seran, who have been part of the Trust, which sought to recover the properties came up for hearing on Wednesday, senior counsel N.R. Elango appearing for the petitioner submitted that with regard to the prominent buildings owned by the Trust viz. Anna Arangam and Amma Arangam it came to light that the former trustees, without obtaining any permission from the High Court, put up construction and leased the building for a long lease period of 20 years. On the other hand, it was shocking to note that both the buildings have not obtained necessary license under the Tamil Nadu Public Building Licensing Act to run as a public building, he added.
He said both Anna Arangam and Amma Arangam have been leased out to Muhuthaam Event Management Pvt. Ltd, which was involved in wedding arrangements and parties and other such events. As the policy of the trust clearly stated that the Trustees have no authority to involve in or to build or establish or run any commercial activities and such acts run tangent to the Trust policy/objectives. The said properties belong to the Pachaiyappa trust and were to be put to use to serve educational purpose. Therefore, the Interim Administrator has to take immediate action to set aside the illegal lease, which was in breach of the trust policy and recover the lands belonging to the Trust, he added.
Senior counsel A.L. Somayaji appearing for the lessee submitted that the company participated in the tender floated by the trust and the property was leased out to the company by the trust with an agreement to increase the rent by 15 per cent every 5 years. The lessee should not be disturbed since it was a bona fide lessee and nothing to do with the trustees or the trust.
Senior Counsel Parthasarathy appearing for one of the former trustees submitted that even prior to commencement of construction, the trust made an application for permission. But it was returned saying that it should get patta. Thereafter, again after following the procedure, application was re-submitted but in the meanwhile, the construction was over. Even now the interim administrator can apply for regularisation, he added.
Denying the allegations made by the petitioner against the trust and trustees, P.V.S. Giridhar, appearing for one of the former trustees submitted the trustees as of now were bona fide trustees. No complaints of nuisance or noise by Anna Arangam and Amma Arangam have been made. The buildings were originally used as Auditorium when it was not in use for educational purpose, it was used for functions, he added.
Meanwhile, the judge directed the Interim Administrator and other former trustees to file their counter affidavits on an application filed by T.K.S.Villalan, which sought to appoint an administrator to manage the two multi-purposes halls viz Amma Arangam and Anna Arangam and receive rents and other income earned through bookings made from them for educational and other allied purposes.
Senior counsel K. Doraisami appearing for Villalan submitted that the two buildings were constructed without planning/building permission. They were used for commercial purpose which was against the object of the trust. The properties should be used only for educational purpose. Moreover, the properties were leased out for a meagre sum of `1.50 crore per year for a period of 20 years, he added.
