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Supreme Court notice to former High Court judge

New Delhi: The Supreme Court on Friday issued notice to a retired Judge of the Madras High Court, J. Kanakaraj, who is the chairman of an educational trust, and its executive chairman S. Palamalai, a former IAS officer, on a special leave petition filed by T. Varghese George seeking appointment of a receiver for the trust.

A Bench of Justice B.N. Agrawal and Justice H.S. Bedi issued notice on the SLP against a judgment of the Madras High Court rejecting the plea for appointment of receiver for the T. Thomas Educational Trust, which runs educational institutions in Chennai and Kerala.

The Bench also issued notice to other respondents — Kora K. George; the trust represented by its secretary; Molly Thayil; J. Devaraj Jhonson; D.V.D. Monte and K.P. Natarajan.

Senior counsel K. Subramanian, appearing for the petitioner, submitted that the chairman and managing trustee allowed a third party to grab properties belonging to the trust worth several crores. The High Court had failed to appreciate that a proceeding under Section 92 Cr.P.C. was to protect the rights of the public in a public trust.

He pointed out that a contempt petition was also pending against them in the apex court; yet the properties were sold.

The petitioner said that the SLP raised important questions of law: whether the High Court was right in dismissing the application for appointment of receiver and the application for removal of the chairman and managing trustee in the light of the documentary evidence filed to substantiate that there was breach of duty in the alienation of the property.

The SLP sought a direction to quash the impugned judgment dated September 21 and an interim stay of its operation.

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