Order:(Per v. Ramasubramanian, J
High Court
02 Nov 2016 In favour of: Unclear
Forum / Bench
High Court · taphc
Parties
Order:(Per v. Ramasubramanian, J
Date of order
02 Nov 2016
Assessment year(s)
—
Outcome
Dismissed
The order — as passed by the High Court
Case summary
In Order:(Per v. Ramasubramanian, J, the High Court (2016) dismissed the appeal.
Decision: Accordingly, the writ petition is dismissed.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
Sections referenced in this judgment
HON’BLE SRI JUSTICE V.RAMASUBRAMANIAN
AND
HON’BLE SRI JUSTICE G. SHYAM PRASAD
Writ Petition No.26844 of 2016
ORDER:(per V. Ramasubramanian, J.)
The petitioner, who claims to be the Founder Trustee and
Managing Trustee of a Public Charitable Trust, has come up with the present writ petition seeking a mandamus directing the Income Tax Authorities to take action on her complaint against the 4[th] respondent, who allegedly came in as a Chief Executive Officer and usurped the powers of the Managing Trustee.
2. Heard Mr. V.V.N. Narayana Rao, learned counsel for the petitioner, Mr. J.V. Prasad, learned standing counsel for the 2[nd]respondent-Income Tax Department and Mr. G. Subba Rao, learned counsel for the 3[rd] respondent and Ms. S. Pranathi, learned counsel for the 4[th] respondent.
3. The dispute virtually appears to be between the petitioner and the 4[th] respondent about the control over the 3[rd]respondent Public Charitable Trust. Admittedly, there are civil proceedings pending under Section 92 of the Code of Civil Procedure and other provisions.
4. On a complaint given by a Founder Trustee against a Co-Trustee of Public Charitable Trust, the only exercise that the Income Tax department can do if they find the complaint to be true, is to cancel the registration under Section 12 A of the Income Tax Act. We think all litigations in all courts will come to an end the moment the Income Tax Department takes appropriate action. But no mandamus can be issued to settle the private scores when civil litigations are pending before the other forums. More over, a Founder Trustee cannot seek a mandamus to cancel the registration of the Trust, and hence, the prayer sought for by the petitioner in her own interest is rejected.
Accordingly, the writ petition is dismissed. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
_______________________
V. RAMASUBRAMANIAN, J
Date: 02-11-2016
__________________ G. SHYAM PRASAD, J
Ksn
This page reproduces a public-domain court order (Section 52(1)(q)(iv), Copyright Act 1957). Explanations are EaseValue's original analysis. Always read the original order.
Disclaimer: General information only — not legal, tax or professional advice, and no advocate/CA–client relationship is created. AI-generated summaries may contain errors and must be verified against the original court order. EaseValue accepts no liability for reliance on this content. Not a solicitation.
Full disclaimer & Terms.