Olive Foundation Granted Leave to Sue Property

High Court of Judicature at Madras

01-10-2026

Parties: Olive Foundation (Public Charitable Trust) represented by founder trustee Mr. P. Isaac Livingstone, managing trustee Mrs. I. Joy Leena, trustees Mr. D. Paul Devaraj and Mr. I. Allan Paul; applicant counsel Mr. A. Ramkumar.
No respondent; suit to be instituted against unknown parties concerning the schedule‑mentioned property.
Trust established under deed dated 08‑03‑2017; primary objects charitable and educational.
Board resolution on 01‑02‑2026 amended deed (Supplementary Deed No.4) authorising borrowing and offering trust assets as security.
Property "Vijay Sky Line" purchased on 12‑02‑2026 for Rs 34,65,00,000.
Credit facilities obtained from HDFC Bank Limited; equitable mortgage created over the property as security.
Suit to be filed under CPC Section 92(1)(f); property located at Anna Nagar West Extension, outside ordinary original civil jurisdiction, but principal office of trust at Chennai falls within jurisdiction, constituting material cause of action.

The Court, applying Clause 12 of the Letters Patent, found a material part of the cause of action within its jurisdiction and granted leave to the applicants to institute and prosecute the suit in this Court.

Topics: Jurisdiction, Charitable Trust Litigation