Pachiappa trust case order HONOURABLE DR.JUSTICE G. JAYACHANDRAN AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU REV.APLC.No.116 of 2023 and C.M.P.No.13750 of 2023 in OSA No.17 of 2022 G.Anbazhagan … Review Petitioner /versus/ 1.S.Jeyachandran 2.The Advocate General, High Court of Madras, Chennai-600 104. 3. S.Arunagiri, 4. V.Ramanathan, 5. K.Hemanath, 6. R.Prabhakaran, 7. V.Durai Mohan, 8.Administrative General and Official Trustee of Tamil Nadu, High Court Campus, Chennai. 9. M/s.Shree Nalviruthi Acadamy,
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.06.2026
Coram:
THE HONOURABLE DR.JUSTICE G. JAYACHANDRAN AND
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
REV.APLC.No.116 of 2023 and
C.M.P.No.13750 of 2023 in OSA No.17 of 2022
G.Anbazhagan … Review Petitioner
/versus/
1.S.Jeyachandran
2.The Advocate General, High Court of Madras, Chennai-600 104.
3. S.Arunagiri,
4. V.Ramanathan,
5. K.Hemanath,
6. R.Prabhakaran,
7. V.Durai Mohan,
8.Administrative General and
Official Trustee of Tamil Nadu, High Court Campus, Chennai.
9. M/s.Shree Nalviruthi Acadamy,
Represented by its Chief Executive Officer, P.C.Shaji,
Having Office at No.39/25, Ground Floor,
Opp to Chandramouleeshwarar Temple,
15th Main Road, H Block, Anna Nagar West,
Chennai – 600 040 … Respondents
Respondent No.9 is impleaded vide order of this Court in C.M.P.No.14652 of 2026 in Rev.Appl.No.116 of 2023, dated 17.06.2026 by Dr.GJJ & KBJ Prayer:
Review Petition filed under Order XLVII Rule 1 of C.P.C r/w 114 of C.P.C, to review the order dated 28.04.2023 passed by this Court and dismiss O.S.A.No.17 of 2022.
For Petitioner
: Mr.T.Mohan, Sr.C for Mr.Sai Shankar, S.
For Respondents : Mr.A.K.Athiban for R1
Mr.C.R.Malarvannan, APP for R2
R3-No more
Mr.G.Murugendran for R4 and R5
No appearance for R6 and R7
Mr.E.Om Prakash, Sr.C for
Mr.M.R.Jothimanian for R8
O R D E R
(Order of the Court was made by DR.G.JAYACHANDRAN, J.)
The administration of the century-old Pachaiyappa’s Trust is the subject matter of applications filed before the Original Civil Jurisdiction of this Court in connection with the scheme decree framed by this Court.
2. The Learned Single Judge, taking into consideration the various applications seeking modification of the existing scheme, which have direct impact in the electing the members of the Trust Board, suggested changes which will enable a democratic elected Board to administer the Trust. However, when the order of the Learned Single Judge put to challenge before the Division Bench in a batch of appeals (O.S.A.No.17 of 2022, etc.,) the same was disposed of with the following observations:-
“16.We are in disagreement with the reasonings of the learned Judge in arriving upon a decision to modify the scheme as regards to the qualification of the members in contesting elections and also the eligibility of voters for the election. The reason for us to come to such a conclusion is that:
(a) The Division Bench while remitting applications by earlier order of the learned Judge has in clear terms held that the process adopted by the then learned Judge, firstly was not in conformity with the provisions of Section 92 of Civil Procedure Code, 1908.
(b) The Division Bench had held that the learned Judge had overlooked the binding effect of the judgment dated 24.09.2008 of the then Division Bench.
(c) The Division Bench in its order dated 23.12.2020 had held that the learned Judge has modified the scheme by a summary procedure, denying the opportunities which had caused serious prejudice to the appellants therein.
17.It is pertinent to note that the election to the Board of Trustees has been envisaged under the scheme by the Board of Revenue as early as in the year 1842 and the scheme has been modified time and again by various orders of this Court till the year 2008. Learned Judge having come to the conclusion that a scheme could be modified only by invoking Section 92 of Civil Procedure Code ought not to have transgressed his own decision and modified the scheme in respect of conducting of elections by modifying certain eligibility conditions which had been part of the scheme as modified by a Division Bench in its judgment of the year 2008. Further, the decision of the learned Judge and the reasoning given in support of such a decision is also in contravention of the observation made by the Division Bench in its order dated 23.12.2020.
18.In the light of the aforesaid reasonings, we are unable to sustain the order of the learned Judge in respect of issue Nos.1 and 2. The Trust is being presently managed by AGOT of this Court in consultation with the learned Advocate General. Considering the responsibilities and the functioning of both the offices of AGOT and the learned Advocate General, we are of the view that a Trust shall be administered by a former Hon’ble Judge of this Court. Therefore, we appoint Hon’ble Mr.Justice.S.Jagadeesan, a retired Judge of this
Court, as Administrator of the Trust. Learned Administrator shall take over the charge from the AGOT forthwith. Learned Administrator shall consider various applications that were dealt with by this Court which had culminated to the present Intra Court Appeal and also issue a general publication calling upon the members of the Trust as to their views on the existing scheme as framed by the Division Bench of this Court in its order dated 24.09.2008 and shall take appropriate steps in respect of framing a scheme to the Trust if it is found necessary. We leave it open to the learned Judge Administrator to do the needful for the Pachaiyappa Trust by holding election to the office bearers and also leave it open to fix-up his remuneration as the Judge Administrator deems fit.”
3. Later, in the place of Hon’ble Mr.Justice.S.Jagadeesan, a retired Judge of this Court, as Administrator of the Trust, Hon’ble Mr.Justice R.Parthiban a retired Judge of this Court was appointed as Administrator. To review the order passed in O.S.A.No.17 of 2025, one Mr.G.Anbazhagan has preferred a review application and the same is under consideration before this Bench.
4. We, on considering the gravity of the situation prevailing in administration of the Trust and in order to implement the wishes of the founder of the Trust, this Court appointed Administrator, who is duly carrying on the day-to-day affairs of the Trust and involved in conducting the election for the Trust Board. However, regarding determination of the criteria for qualifying as a voter and Board Members, eligible members to certain stalemate has arisen. The Administrator had invited suggestions from the parties interested and after examining the suggestions, report filed by the Administrator and same is placed before us for consideration. The Division Bench, in its order which is presently the subject matter of the review, had thought fit that any substantial change should emanate only after amendment of the scheme framed by the Court. We are informed that a suit for modification of the scheme been filed by the review petitioner and the same is pending as C.S.No.223 of 2022.
5. In the given situation, on cumulative consideration of the representations received, the report of the Administrator as well as the modifications suggested by the Learned Single Judge, we are of the considered view that it will be appropriate to add two conditions in respect of electoral college, which will not be in any way alter the spirit of the scheme already in existence and at the same time will provide uniformity, fair and equal opportunities to members eligible to administer the Trust in tune with the object for which it was founded.
6. We are informed that the draft eligible voters list already been prepared on the line which we proposed to suggest and it requires updating with a cut of date. Once the process of updating is completed, list of voter can be published and election schedule for the Trust Board can be announced.
7. We, therefore, authorize the Learned Administrator to finalize the voter’s list consisting of persons who satisfy the eligible criteria as on
30.05.2026 and proceed to fix schedule for election, with the following modifications:
Regarding eligibility to be a trustee:
No person shall be eligible to be a Trustee unless he is a Hindu and unless he has paid for the year preceding that in which election takes place Municipal Property Tax under any of the Local Bodies in Tamil Nadu in respect of such year to the aggregate amount of not less than Three Thousand Rupees.
Regarding right of the voters:
A voter will be entitled to cast his or her vote in any one of the constituencies only. This shall mean that a voter can exercise his or her vote in favour of either Senate, Graduate or Council or Approved Teachers even if he happens to be a member of more than one constituency.
Explanation – For instance a Senate member who happens to be a Graduate, Council Member and Approved Teachers cannot vote in all the constituencies, he/she should choose one of constituencies and cast his/her vote in that constituency only.
6. With the above additional conditions/modifications, the Learned
Administrator shall proceed as per the below timeline schedule:-
Steps Action Date
1. Administrator shall publish a notice in one or more Tamil and English daily newspapers, inviting applications from eligible voters as on 30.05.2026: #
On or before
23.06.2026
2. Applications must be submitted on or before: 07.07.2026
3. After scrutiny of the applications, the voters’ list to be published on:- 23.07.2026
# NOTE: While inviting applications from eligible persons, the notification shall clarify that voters who have already been enumerated need not apply afresh.
7. We appoint Dr.Mrutyunjay Sarangi, I.A.S. (Retired), as the
Election Officer, who shall conduct the election in coordination with
Mr.Administrator, Justice V.Parthiban, Retired Judge of the Madras High Court.
8. The Election Officer shall ensure compliance of the below procedure while conducting the election to the Trust.
The Election Officer, in consultation with the Administrator, shall finalize the draft election schedule and submit the same to this Court on or before 30.07.2026 for approval. While fixing the schedule, the Election Officer shall ensure that the election notification is published not less than 14 days prior to the election date.
9. The initial remuneration of Rs.3,00,000/- (Rupees Three Lakhs) for the Election Officer to be paid from the Pachaiyappa’s Trust account.
All logistic support necessary, including support staff be provided by the Administrator.
10. Post this matter on 30.07.2026.
[Dr.G.JAYACHANDRAN, J.] & [K.KUMARESH BABU, J.]
17.06.2026
Index :Yes/No Internet :Yes bsm
Note: Issue on 18.06.2026 To
1.The Advocate General, High Court of Madras, Chennai-600 104.
2. The Administrative General and Official Trustee of Tamil Nadu, High Court Campus, Chennai.
3.The Director General of Police, Chennai.
4.Commissioner of Police, Chennai.
5.Assistant Commissioner of Police, Kilpauk, Chennai.
DR.G. JAYACHANDRAN, J.
AND K.KUMARESH BABU, J. bsm
Rev.Aplc.No.116 of 2023 in OSA No.17 of 2022 and C.M.P.No.13750 of 2023
17.06.2026