‘Lease deed of 2 prime properties of Pachaiyappas trust has to be cancelled’

Chennai: The much awaited arguments in the Pachaiyappas Trust case began before the Madras high court on Wednesday.

Several suits and applications were filed for and against the Pachaiyappas Trust by various persons including former trustees, former faculty members and alumnus, which include Justice K. P. Sivasubramaniam, a retired judge of the Madras high court. The issues revolves around in these litigations were amendments to the Schedule, properties owned by the trust, more particularly, two Kalyana Mandapams and the election to elect the trustees.

When the batch of applications came up for hearing on Wednesday, after Justice R.Suresh Kumar made it clear that he would hear all the applications related to all the three issues and decide the matter, senior counsel K.Doraisamy appearing for one of the applicant, T.K.S.Villalan, submitted that the two applications filed by the applicant may be heard early because once the issue relating to the properties raised in these applications are decided, then the persons who are likely to earn disqualification cannot contest in the election. If the elections were held now, they will participate in the election and ultimately if they are disqualified, then the election has to be redone, he added.

After all the advocates agreed to permit Senior Counsel Doraisamy to open his innings, Doraisamy submitted that the applicant has filed two applications to cancel the lease deed and to appoint an administrator/receiver to manage the two Kalyana Mandapams owned by the trust. The two multi-purpose halls viz., Anna Arangam and Amma Arangam, were constructed without obtaining planning/building permission. They were used for commercial purpose which was against the object of the trust. The two buildings have been leased out to Muhuthaam Event Management Pvt.Ltd., which was involved in wedding arrangements and parties and other such events for a long period of 20 years for a paltry sum of Rs 75 lakh and Rs 1.50 crore per year respectively. Moreover, it causes nuisance. A complaint in this regard was also lodged by the students and teachers of the college.

The lessee has been allegedly collecting 8 lakhs per day in cash, Doraisamy added and relied upon the reports submitted by the Interim Administrator, in which certain lapses and irregularities were pointed out.

K.V.Sundararajan, appearing for the Interim Administrator submitted that the administrator has filed five applications which include the one to pay the market rent and to appoint a team of engineers to ascertain the value of the land and building so as to arrive at a reasonable rent. The administrator has filed the applications in the interest of the trust. The intention of the administrator was not to pinpoint that they (trustees) have not done their duty. Whether the trust was functioning properly in the present set up was the question to be decided, he added. As the arguments were not completed, the judge posted to April 12, further hearing of the case and directed the counsel for the lessee to file counter affidavit to the applications  by Villalan.