JUDGMENT : 1. This application has been filed by P.T. Lee Chengalvaraya Naicker Trust, represented by his Secretary seeking appointment/nomination of the trustees to the Trust Board. The administration of the trust is governed by a Scheme Decree passed by this Court in CS. No.242 of 1986 dated 01.04.1999. Though the matter was taken up on appeal in OSA Nos.115, 144 of 1999 and 14 of 2001, the provisions of the scheme framed by the Hon’ble Single Judge, with reference to the composition of the Board of Trustees as well as the mode of appointment remain substantially the same. The composition of the Board of Trustees as per Clause 4 of the Scheme Decree is as follows. 2. There are in total nine trustees. Of the nine, one shall be from among the members of the family of the Founder, viz. P.T.Lee Chengalvaraya Naicker, it is also provided that if no suitable candidates is available from the Founder’s family the vacancy shall be filled up by a person, belonging to Vanniyar Community. Three other trustees to be selected and appointed from among the Vanniyar Community, who shall be as far as possible from among Lawyers, Doctors, Engineers and Retired Officials of the State and Central Government Service. The composition of the remaining five members is as follows: 1. A Retired Judge of the High Court. 2. A Retired Member of the Indian Administrative Service. 3. One from the Teaching Faculty and 4. Two persons from Public Personalities. It is also provided that the retired Judge of the High Court shall be the Ex.Officio Chairman of the Board. 3. Clause 5 of the Scheme Decree provides for the procedure for appointment of trustees. The trustees so appointed are to hold office for a period of three years. The present Trust Board was constituted in the year 2014 by order of this Court dated 08.10.2014 and as per the said order, they were hold office for the period of three years ending on 19.09.2017. 4. As per the Scheme Decree the Trust Board published advertisement in two English and two Tamil dailies having circulation all over Tamil Nadu and such publication was ratified by the Board of Trustees in the meeting held on 17.06.2017. In response to the publications made, 101 applications were received by the Board of Trustees. 4. As per the Scheme Decree the Trust Board published advertisement in two English and two Tamil dailies having circulation all over Tamil Nadu and such publication was ratified by the Board of Trustees in the meeting held on 17.06.2017. In response to the publications made, 101 applications were received by the Board of Trustees. The break up is as follows: Categories Applications Received (a) Founder Family 2 (b) Vanniyar Community-Doctors Engineers Lawyers Retd. Govt. Servants 6 7 19 9 --- 41 (c) Retired IAS officers Teaching Faculty Public Personality 6 16 27 (d) Applications without any category 9 Total 101 5. The Board of Trustees in its meeting held on 19.08.2017 resolved as follows: “Recorded the receipt of 101 applications. The Secretary shall discuss with Hon'ble Chairman with the necessary particulars of applications and then the applications will be forwarded to the Hon'ble High Court by the Secretary.” 6. The Applications were then scrutinized, arranged category wise and have been forwarded to this Court in a sealed cover with the remarks of the Chairman. While so, it appears that one Dr.K. Gunasekaran, moved two applications before the Division Bench of this court in CMP Nos.15970 and 15971 of 2017 seeking appointment of Trustees and for a direction to furnish the list of candidates, who had applied for trusteeship. By an Order dated 18.09.2017, the Hon’ble Division Bench directed the Trust Board to move an application before the Scheme Court for appointment of Trustees within a period of two weeks and also ordered continuance of existing Board of Trustees for a period of two weeks from 18.09.2017. Pursuant to the said direction the Trust Board had filed the present application seeking to appoint the trustees. 7. When this application was listed before me, various counsel wanted to raise objections regarding the appointment of Trustees. Therefore, I had passed an order on 10.10.2017, granting time to file written objections with reference to the qualifications/desirability, fitness or otherwise of any of the candidates. Pursuant to the same, Dr. K. Gunasekaran, represented by Mr.K.Shanmugakani, Advocate, P.T.Lee Chengalvaraya Naicker Polytechnic College Staff Association, represented by Mr.Venkatakrishnan, Advocate, Mr.M.Baalakrishnan, Ex.Trustee, Dr.E.Muralidaran, a Doctor and Former Member of the Trust Board, Mr.A.K.Natarajan, who was one of the plaintiffs’ in CS No.242 of 1996, have filed their objections. 8. Pursuant to the same, Dr. K. Gunasekaran, represented by Mr.K.Shanmugakani, Advocate, P.T.Lee Chengalvaraya Naicker Polytechnic College Staff Association, represented by Mr.Venkatakrishnan, Advocate, Mr.M.Baalakrishnan, Ex.Trustee, Dr.E.Muralidaran, a Doctor and Former Member of the Trust Board, Mr.A.K.Natarajan, who was one of the plaintiffs’ in CS No.242 of 1996, have filed their objections. 8. Dr.J. Yamuna Devi, an applicant under the category of descendants of the family of the founder is represented by Mr.R.Natarajan, has also filed her claim and a typed set containing documents to substantiate her claim that she is the descendant of the family of the founder. I have also heard the learned counsel as well as the parties, who have filed their objections on 25.10.2017. 9. Mr.Venkatakrishnan, learned counsel appearing for the P.T.Lee Chengalvaraya Naicker Polytechnic College Staff Association would raise two objections. The first objection is that the size of the advertisement is very small and therefore, it has not attracted many applications from deserving candidates. He would also complain about the colour scheme used by the Board in the advertisements. Mr.M.R.Jothimanian, learned counsel appearing for the Trust Board would submit that even for this advertisement, the Trust incurred in expenses about Rs.2,86,000/- and any advertisement of a bigger size would cost more and it will not be in the interest of the Trust to spend a huge sum of money on this advertisement. A perusal of the applications would show that various individuals, who are residing even in far off places like Kumbakonam have applied for being appointed as a trustee. Therefore, the effectiveness of the publication cannot be doubted. Hence, I conclude that the advertisements published are good enough to invite many applications. 10. The second objection raised by learned counsel Mr.Venkatakrishnan, is that as per the composition of the Board of Trustees, there could only be four persons from the Vanniyar Community and the others should be from the other Communities. There is no such prescription in the Scheme Decree. Though the contention raised by some of the appellants in OSA Nos.115, 144 of 1999 and 14 of 2001 claiming that a majority of the Trustees should be from Vanniyar Community has been rejected by the order of the Division Bench of this Court, while appointing Trustees under the Scheme Decree, this Court can only consider the desirability or suitability of the candidates, who had applied. A perusal of the entire set of 101 applications, shows that 98 applications are from persons belonging to Vanniyar Community. The Scheme Decree does not prescribe that the Vanniyar Community should not have a representation of more than four persons in the Board of Trustees. If there are no applicants from the other communities, this Court cannot go in search of persons and invite them to file the applications to be nominated as trustees. If suitable candidates from the said Community are available, I do not think any objection could be taken for their appointment as the Trustees, even if it means that all or a majority of the Board of Trustees are from the said community. Hence, the second objection of the learned counsel Mr.Venkatakrishnan is also rejected. 11. The present Chairman Mr.Justice S.Rajeswaran, (Retd.) has expressed his consent to continue for another term. Taking into account the fact that he was appointed by the Division Bench of this Court on 02.03.2016 and in order to ensure continuity Hon’ble Mr.Justice S.Rajeswaran (Retd.) is appointed as a trustee for a period of three years from today and he shall be the ex-officio Chairman of the Trust Board also. 12. Coming to the category of the descendants of Sri. P.T.Lee Chengalvaraya Naicker, there are two applicants, one is Tmt.Dr.J.Yamuna Devi and another is Mr.M.Manoharan. Insofar as Mr.M.Manoharan is concerned, there is no proof that he is the descendant of the Founder, viz. Sri. P.T.Lee Chengalvaraya Naicker. He has filed a genealogy prepared by himself and I do not think that it is sufficient to appoint him as a Trustee under that category. As regards Tmt.Dr.J.Yamuna Devi, it is seen from the records that she was in fact appointed as a Trustee under the same category for the period between 2011 and 2014. She has also produced typed set of papers containing certain documents which would go to show that her husband Mr.Rajabadhar has been recognized as descendant of Arunachala Naicker, who is the brother of Sri. P.T.Lee Chengalvaraya Naicker. However, an objection has been taken to the effect that this Court in its order made in Application Nos.4195 and 4196 of 2009 dated 16.09.2010 had observed that the persons, who claim as descendants of the Founder, viz. Late Sri. P.T.Lee Chengalvaraya Naicker, should prove their descendantship before a Civil Court. The relevant portion of the said order reads as follows: “7. Late Sri. P.T.Lee Chengalvaraya Naicker, should prove their descendantship before a Civil Court. The relevant portion of the said order reads as follows: “7. In view of the above submission, the respondents are directed to give educational allowance and pay maintenance to each of the applicants at the rate of Rs.5,000/- per month for a period of one year from the date of receipt of a copy of this order and in the mean while, the applicants are directed to establish their right and prove that they are descendants of P.T.Chengalavaaya Nayagar before this Court.” 13. Be that as it may, the suitability of the candidate has also to be taken into account and Clause 4 (ii) provides that if no suitable candidate is available from the family of the Founder, the Court can appoint any other person belonging to Vanniyar Community as a Trustee under Clause 4 (i). It is also brought to my notice that during her tenure as a Trustee between September 2011 and September 2014, an application was filed by the then Chairman of the Trust and the Secretary in CMP No.220 to 225 of 2013 in OSA Nos.14 of 2001 and 144 of 1999, seeking removal of Tmt.Dr.J.Yamuna Devi and others as Trustees. In the affidavit filed by then Secretary in support of the application several serious allegations have been made against her. It is also claimed that she along with other trustees had been effectively preventing the trust from functioning by raising various false allegations against the then Chairman and the other Trustees. Of course, the truth or otherwise of the said allegations have not been tested inasmuch as the application was dismissed as having become in-fructuous, because the period of the Trustees expired. However, taking into account the seriousness of the allegations that have been made, I do not think that it will be in the interest of the Trust to appoint the said Tmt.Dr.J.Yamuna Devi, as a Trustee in the quota reserved for the family members of the Founder. 14. It is now necessary to find out a suitable person from the Vanniyar Community to be appointed as a Trustee in the said quota, one Dr.M.Paramathma, residing at No.1/538, Vembuli Amman Koil First Cross Street, ECR Road, Kottivakkam, Chennai 41, has applied for appointment as a Trustee under the teaching faculty. 14. It is now necessary to find out a suitable person from the Vanniyar Community to be appointed as a Trustee in the said quota, one Dr.M.Paramathma, residing at No.1/538, Vembuli Amman Koil First Cross Street, ECR Road, Kottivakkam, Chennai 41, has applied for appointment as a Trustee under the teaching faculty. A perusal of his application shows that he has a wide experience as a teaching faculty and he had also served as a Dean and Director of Research of the Tamil Nadu Agricultural University, Coimbatore and as Executive Director, Ministry of Agricultural, Government of India, New Delhi. Considering his educational qualification as well as the experience in the field of Education, I deem it fit and proper that he is appointed as a Trustee under the Clause 4 (ii) of the Scheme Decree. Three other trustees are to be nominated from the Vanniyar Community and as already stated in that category there are about 41 applications. I have gone through the applications of each and every one of the candidates and in view of the various allegations and counter allegations that have been made against the trustees at every point of time, I deem it fit to appoint persons, who have not served as a trustees earlier, in this particular category. Therefore, the following three persons are appointed as representatives of the Vanniyar Community, under Sub Clause (iii) of Clause 4 of the Scheme Decree. 1. Mr.C.Paranthaman, Advocate, residing at 200/23, Asiad Colony, Thirumangalam, Anna Nagar West, Chennai 600 101. 2. Mr.V.Sugendran, Advocate, residing at No.25, Vinayagar Kovil Street, Ayyavvoo Colony, Aminjikarai, Chennai 600 029. 3. Dr.P.Sekar, residing at No.4, New Street, Kauveripakkam, Tindivanam. 15. Under Sub Clause (iv) of Clause 4, out of six applicants belonging to Indian Administrative Service, Dr.G.Santhanam, residing at No.9, 8th East Street, Kamaraj Nagar, Thiruvanmiyur, Chennai 600 041, is appointed as a trustee. 16. I have perused the application of the applicants under the teaching faculty quota. 3. Dr.P.Sekar, residing at No.4, New Street, Kauveripakkam, Tindivanam. 15. Under Sub Clause (iv) of Clause 4, out of six applicants belonging to Indian Administrative Service, Dr.G.Santhanam, residing at No.9, 8th East Street, Kamaraj Nagar, Thiruvanmiyur, Chennai 600 041, is appointed as a trustee. 16. I have perused the application of the applicants under the teaching faculty quota. One Mr.S.Tamilmani, residing at No.12/59, Vaithiar Annamalai Street, Mylapore, Chennai 04, who has served as a P.G. Assistant in English in various Government Higher Secondary Schools for a period of 16 years, as a Head Master in various Government Higher Secondary School for a period of 12 years, as Inspector of Matriculation Schools for a period of 4 years, as Chief Educational Officer for a period of 2 years and as Deputy Director of an Elementary Education for a period of 1 year, has applied under this category. He has enormous experience of 35 years in the field of Education and he has retired from service on 31.05.2013. I find him more suitable for appointment under the teaching faculty. 17. Two more persons are to be appointed in the category of public personalities. There are about 15 eligible applicants of whom, atleast 5 have served as Trustees earlier. No Engineer had been appointed in any of the categories above Tmt.Dr.A.Kalaivani, residing at Old No.36/2, New No.27/2, Nattal Garden, 2nd Street, Perambur 11, who is a post graduate in Engineering, has also applied for being appointed as a Trustee under the category of Public Personalities. Considering the fact that the Trust runs an Engineering College, the presence of the Post Graduate Engineer, who had worked as a teaching faculty in an Engineering College would be of great assistance to the trust. Hence Tmt.Dr.A.Kalaivani is appointed as a Trustee under the public personalities quota. One Dr.G.Visvanathan, residing at Plot No.111, Sudharshan Tower, S-3, Vaishnava College Road, Santhi Colony, Chrompet, Chennai 44, who happens to be a former Vice Chancellor of the Tamil Nadu Teachers Education University, has applied for being appointed as a Trustee under the category of Public Personality. He has a very vast experience and he has been bestowed with several awards by recognized organizations. He has served as a member of the Board of Studies of the Tamil Nadu Teachers Education University as well as the Vice Chancellor of the said University. He has a very vast experience and he has been bestowed with several awards by recognized organizations. He has served as a member of the Board of Studies of the Tamil Nadu Teachers Education University as well as the Vice Chancellor of the said University. He has also served as the Member Academic Council and Chairman Board of Studies, Tiruvalluvar University, Vellore as well as the Member Board of studies, Madurai Kamaraj University, Madurai. Considering his vast experience in the field of Education, I deem it fit to appoint Dr.G.Visvanathan as a Trustee under the Public Personality category. 18. In fine, this application is allowed and the following persons are appointed as trustees of P.T.Lee Chengalvaraya Naicker Trust, 2-3 E.V.K.Sampath Salai, Vepary, Chennai 600 007. 1 Hon’ble Mr. Justice S. Rajeswaran (Retd.) Ex-officio Chairman 2 Dr. M. Paramathma Person belonging to Vanniyar Community 3 Mr. C. Paranthaman “ 4 Mr. V. Sugandran “ 5 Dr. V. Sekar “ 6 Dr. G. Santhanam IAS Retired 7 Dr. S. Tamilmani Teaching Faculty 8 Dr. A. Kalaivani, Engineer Public Person 9 Mr. G. Viswanathan, Former Vice Chancellor Public Person 19. All the above newly appointed trustees shall assume office on or before 15.11.2017 and they will hold office for a period of three years ending 08.11.2020. 20. It is made clear that the Retired Judge of this Court being the Chairman will have the powers to bring to the attention of this Court, any deviant conduct or behavior or such acts which go against the interest of the Trust of any of the trustees, so as to enable this Court to pass appropriate orders on the continuance of such trustees. The Chairman has requested to inform the appointed Trustees that they have to take charge on or before 15.11.2017. Post on 17.11.2017 for compliance.