S. Peter AND ANOTHER vs Loordhu Ammal Educational trusta and 6 others
- Court
- Madras High Court
CS No. 230 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 24-09-2026
Pronounced on: 30.10.2026
CORAM
THE HON'BLE MRS.JUSTICE K. GOVINDARAJAN THILAKAVADI
CS No. 230 of 2025
CNR:{HCMA010912082025}
1. S. Peter
2. Mrs.Kasthuri Bai
..Plaintiffs
Vs
1. Loordhu Ammal Educational Trust,
Represented by its Trustee,
Mrs.P.Josephin Rosy,
1A, Chari Street, North Usman Road, T.Nagar,
Chennai-600017.
2. Soosaiya Peter Educational Trust,
Represented by its Trustee,
Mrs.P.Sandana Mary,
No.92, Krishna Nagar, Virugambakkam,
Chennai 600 092.
3. Peter Educational Trust,
Represented by its Trustee Mrs. P. Roselin
No.15, Verghese Avenue,
Ashok Nagar,
Chennai 600 083.
4. Mrs. Elizabeth Rani
5. P.Josephin Rosy
6. Dr.Roselin Peter
7. Mrs.Mercy Florence Peter
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CS No. 230 of 2025
..Defendants
CS No. 230 of 2025
Plaint filed under Order IV Rule 1 of O.S. Rules read with Order VII Rule 1
read with Section 92 of Civil Procedure Code, 1908 seeking the following
reliefs:
a) to grant permission to transfer the institution Madha Medical College
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and Research Institute which is presently running under 1 Defendant Trust to
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3 Defendant Trust and to intimate to the respective affiliating bodies, statutory
bodies, both in State Government and Central Government for all statutory and
affiliations/approvals/recognitions whatsoever obtained/Applied for;
b) to grant permission to transfer the institution Madha Public School and
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Our Lady Matriculation School which is presently running under 1 Defendant
nd
Trust to 2 Defendant Trust and to intimate to the respective affiliating bodies,
statutory bodies, both in state government and central government for all
statutory and affiliations/approvals/recognitions whatsoever obtained/Applied
for;
c) to grant permission to transfer the institution Madha Dental College,
Madha College of Nursing and Madha College of Physiotherapy running under
nd st
2 Defendant Trust to 1 Defendant and to intimate to the respective affiliating
bodies, statutory bodies, both in State Government and Central Government for
all statutory and affiliations/approvals/recognitions whatsoever
obtained/Applied for;
d) to grant permission to GIFT an extent of Acres 06:70½ Cents of lands
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CS No. 230 of 2025
st rd
which is presently in the name of the 1 Defendant Trust to 3 Defendant Trust
as mentioned in Item-1 of Schedule of Property;
e) to grant permission to GIFT an extent of Acres 18:58 Cents of lands
nd st
which is presently in the name of the 2 Defendant Trust to 1 Defendant
Trust;
f) to grant permission to GIFT an extent of Acres 0: 90 1/2 Cents of
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lands which is presently in the name of the 1 Defendant Trust to 2
Defendant Trust; and
g) to award costs of the suit.
CS No. 230 of 2025
For Plaintiffs: Mr. T.R. Rajagopalan, Senior Advocate
for Mr. S.Rajmakesh
For Defendants: Mr. Bhagavath Krishnan for D1
Mr. N. Arul Kumar for D2 and D4
Mr. Gaurav Chatterjee for D3, D5 & D6
Mr. D. Lakshmipathy for D7
Judgment
The plaintiffs have instituted the present suit seeking permission of this
Court for reorganisation of the administration of certain educational institutions
st nd
presently run by the 1 and 2 defendant Trusts, transfer of the management of
the said institutions to the respective defendant Trusts, and transfer of certain
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CS No. 230 of 2025
parcels of immovable properties from one Trust to another, in furtherance of the
charitable and educational objects of the Trust.
2. The case of the plaintiffs, in brief, is as follows:
st st
2.1. The 1 plaintiff, Dr. S. Peter is the founder and Chairman of the 1
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defendant Trust. The 1 defendant namely, Loordhu Ammal Educational Trust,
was constituted under the deed of Trust dated 13.08.1999 and registered as
st
document No. 984/IV of 1999. The trustees of the 1 defendant Trust are
Dr.S.Peter, Mrs, P. Santhana Mary, Dr. Josephin Rosy and Dr. Roselin Peter.
st
2.2. The 1 defendant Trust is associated with various educational
nd
institutions. The 2 defendant, namely, Soosaiya Peter Educational Trust, was
constituted under a deed of Trust dated 03.10.1996 and registered as document
No. 671/IV of 1996. Its trustees are Dr. S. Peter, Mrs. Kasthuri Bai and
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Mrs.P.Santhana Mary. The 3 defendant, namely, Peter Educational Trust, was
constituted under the deed of Trust dated 23.03.2019 and registered as
rd
document No. 86 / IV of 2019. The trustees of the 3 defendant Trust are
Dr.S.Peter, Mrs. P. Santhana Mary, Dr. P. Josephin Rosy and Dr. Roselin Peter.
Madha Medical College and Research Institute is proposed to be administered
rd
under the 3 defendant Trust.
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2.3. According to the plaintiffs, after discussions among the trustees and
family members, who have been involved in the administration of the various
Educational Institutions, a decision was taken to reorganise the management of
the institutions on the basis of the educational qualifications, experience and
administrative skills of the respective persons as narrated in the plaint. It is
stated that the arrangement was implemented from the year 2019 onwards and
that the trustees subsequently resolved to formalise the arrangement and
reorganise the institutions under the respective Trust so that each institution
could be administered more effectively and its educational standards could be
improved.
2.4. According to the plaintiffs, the proposed arrangement is not intended
to alter the charitable character or educational object of any of the Trusts. On
the contrary, the object is to ensure better administration of the institutions and
advancement of education. The proposal was considered by the trustees of the
respective Trusts and the terms thereof were reduced into writing in the minutes
of meeting dated 25.01.2025, which has been marked as Ex.A4. The plaintiffs
therefore seek permission for transfer / reorganisation of the institutions and the
identified immovable properties between the defendants Trusts.
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2.5. The 1 plaintiff examined himself as P.W.1 and marked Ex.P1 to
Ex.P7. The defendants have not opposed the reliefs sought in the suit. There is,
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therefore, no contest as between the parties regarding the proposed
reorganisation.
3. In the circumstances, this Court is satisfied that the proposed
reorganisation and transfer, would serve the stated educational objects and
would not, on the material presently before the Court, amount to diversion of
the Trust properties for a private or non charitable purpose. Accordingly, the
plaintiffs are entitled to the reliefs sought in the plaint.
4. In the result, the suit is decreed as prayed for. There shall be no order
as to costs.
30.10.2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
BGA
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CS No. 230 of 2025
K.GOVINDARAJAN THILAKAVADI J.
BGA
Pre delivery judgment in
CS No. 230 of 2025
30.10.2026
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