The Hindu : Tamil Nadu News : Apex court issues contempt notice to retired judge

Online edition of India's National Newspaper
Saturday, Jul 24, 2004

Tamil Nadu

Tamil Nadu

Apex court issues contempt notice to retired judge

By Our Legal Correspondent

NEW DELHI, JULY 24. The Supreme Court has issued notice to J. Kanakaraj, retired judge of the Madras High Court and chairman of an educational trust, S. Palamalai, a former IAS officer and its executive trustee, and the assistant principal of a school in Kerala on a contempt petition filed by T. Varghese George alleging violation of court orders.

A Bench consisting of Justice N. Santosh Hegde and Justice S.B. Sinha while issuing the notice on Monday, however, dispensed with the personal appearance of Justice Kanakaraj and Mr. Palamalai for the time being.

A Division Bench of the Madras High Court, by a December 15, 2002 order appointed Justice Kanakaraj chairman and Mr. Palamalai executive trustee of the T. Thomas Educational Trust, which is running educational institutions in Chennai and Kerala.

Against this judgment, Dr. Varghese filed a special leave petition in the Supreme Court contending that the appointment of non-minorities to the trust board was contrary to the right under Article 30 (1) of the Constitution.

As the board passed resolutions for drawal of money belonging to the trust and for sale of its land, he filed an application for appointment of a receiver.

The court restrained the trustee from alienating any of the estates or other property without its permission.

`Order violated'

In the present application, Dr. Varghese alleged that despite the restraint order, the chairman, the executive trustee and the assistant principal of Marian Senior Secondary School, Kottayam, sold valuable wooden furniture worth Rs. 1 lakh for just Rs. 20,100 and thereby committed contempt.

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