Interim head for Govindu Naicker Trust

CHENNAI: The Madras High Court by a recent order has appointed an Interim Management Committee for the Govindu Naicker Trust headed by Justice Chitra Venkataraman, a former judge of the High Court, and also directed the panel to forthwith take over the entire management of Pachaiyappa’s Trust.

A Division Bench comprising Justice Rajiv Shakdher and Justice Abdul Quddhose heard the appeal filed by P Elumalai and M P Thirugnanam who are interested persons in the Govindu Naicker Trust (suit trust). The petitioners sought a scheme to be framed to hive off the Govindu Naicker Trust from Pachaiyappa’s Trust. They also sought for a direction to Pachaiyappa’s Trust and its trustees to deliver possession of the property diverted by them to the trustees appointed by the court.

The division bench, which allowed the appeal, in its order said: “The records and admitted facts will clearly establish that the trustees of the Pachaiyappa’s Trust have committed breach of the suit trust by not managing the suit trust in accordance with the wishes of the testator Govindu Naicker. We come to the conclusion that there is breach of trust committed by Pachaiyappa’s Trust Board in the management of the suit trust.”

The court went on to emphasise how no “prudent person who has bequeathed large number of properties both movable and immovable for charitable and religious objects will allow the properties to be managed by persons after his life time, who are total strangers to him.”

It further said that Govindu Naicker under his Will had confidence only in the named trustees.
The bench set aside the single judge order dated January 30, 2013 where the judge rejected the plea to frame a scheme with regard to bifurcating the suit trust, with its movable and immovable properties, from the management of Pachaiyappa’s Trust.

“We are of the view that the learned single judge ought to have framed a separate scheme for the suit trust and appointed new trustees,” the bench said.

“We are appointing The Chairman of the Interim Management Committee which is empowered to appoint a maximum of five committee members from the Hindu community preferably giving representations to educationalists, Hindu religious scholars, chartered accountants and legal professionals having a blemishless track record and integrity for the effective implementation of the noble objects of Govindu Naicker Trust,” it added.

The bench directed Pachaiyappa’s Trust to hand over all the properties, account books and other documents of Govindu Naicker Trust to the Chairman of the Interim Management Committee and the properties to the Chairman now appointed.