Case Note & Summary
The Administrator General and Official Trustee of Tamil Nadu approached the High Court of Judicature at Madras by way of Application No.3439 of 2026 in C.S.No.281 of 1953 seeking appointment of four persons as members of the Board of Madras Tamil Mission. The application arose under the Scheme Decree governing the Madras Tamil Mission. The applicant stated that under Clause 6 of the Scheme Decree, a Board of four members was required to be constituted. Under Clause 15, members of the Board were to be appointed by the court and were to hold office for a period of five years. Among the four members, one member was to be nominated as Correspondent of the Educational Institutions, and such nomination was to be communicated to the Education Department and other concerned authorities. The existing members' term of five years had expired on 30 April 2026, creating the need for fresh appointments. In pursuance of the direction of the court dated 12 June 2026 issued in Application No.2345 of 2026 in C.S.No.281 of 1953, the Administrator General and Official Trustee invited applications from eligible persons. The procedures contemplated under the Scheme Decree were duly followed, and four persons were selected. The court recorded that since the procedures contemplated under the Scheme Decree were followed, there was no impediment to appointing four members as sought in the application. The applicant prayed for appointment of Thiru.Dr.Russel Timothy, Thiru.V.D.S.Inbanathan, Thiru.H.Gunasekaran and Thiru.Y.Bhuvaneshkumar as members of the Board of Madras Tamil Mission for a period of five years from 1 May 2026. No respondent was named in the application. The High Court, after considering the Scheme Decree and the procedural compliance, allowed the application. The court appointed the four named persons as Members of the Board of Madras Tamil Mission for a period of five years from 1 May 2026. The newly appointed members were directed to perform their duties and responsibilities in terms of the Scheme Decree and in accordance with law. The application stood allowed accordingly.
Headnote
A) Trust and Charity Administration - Appointment of Board Members - Court-Appointed Board under Scheme Decree - Scheme Decree (Madras Tamil Mission), Clause 6 and Clause 15 - The applicant sought appointment of four persons to the Board of Madras Tamil Mission after expiry of the previous members' five-year term on 30.04.2026. The Court noted that Clause 6 required a four-member Board and Clause 15 required Court appointment for five years, and that procedures directed on 12.06.2026 were followed. Accordingly, the Court appointed Thiru.Dr.Russel Timothy, Thiru.V.D.S.Inbanathan, Thiru.H.Gunasekaran and Thiru.Y.Bhuvaneshkumar as members for five years from 01.05.2026, directing them to perform duties according to the Scheme Decree and law. Held that the application was to be allowed as procedures under the Scheme Decree were complied with (Paras 2-4).
Issue of Consideration
Whether four persons named in the application should be appointed as members of the Board of Madras Tamil Mission for five years from 01.05.2026 in accordance with Clause 6 and Clause 15 of the Scheme Decree.
Final Decision
Application allowed. Thiru.Dr.Russel Timothy, Thiru.V.D.S.Inbanathan, Thiru.H.Gunasekaran, and Thiru.Y.Bhuvaneshkumar were appointed as Members of the Board of Madras Tamil Mission for a period of five years from 01.05.2026. The newly appointed members were directed to perform their duties and responsibilities in terms of the Scheme Decree and in accordance with law.
Law Points
- Clause 6 of Scheme Decree requires a Board of four members
- Clause 15 requires Court appointment for five years
- Court may appoint members after verifying that procedures under the Scheme Decree and an earlier court direction were followed
- appointees must perform duties according to the Scheme Decree and law.
