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Madras High CourtWP/27471/2011dismissed

V.A.Pushparaj v. The Secretary To Government

2018-12-13Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2018

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR WP.No.27471 of 2011 MP.No.1 of 2011 V.A.Pushparaj, Correspondent Bhagyam Chelliah Matriculation School Chennai-21 ..Petitioner Vs 1.The Secretary to Government of Tamil Nadu Matriculation Schools, Fort St.George, Chennai-9 2.The Director of Matriculation Schools Nungambakkam, Chennai-6 3.The Inspector of Matriculation Schools Madras District, Egmore, Chennai-8.

..Respondents Prayer:- This Writ Petition is filed, under the Article 226 of Constitution of India, to issue a Writ of Certiorari to quash the order of the 3rd Respondent, dated nil, signed on 18.11.2011, vide N.2.No.1093/A1/2011, by calling for connected records relating to the said order.

For Petitioner :

No Appearance For Respondents :

Mr.A.Rajaperumal, AGP

ORDER

The prayer in this Writ Petition is to quash the order of the 3rd Respondent, dated nil, signed on 18.11.2011, vide N.2.No.1093/A1/2011.

2. This court heard the learned counsel on either side and also perused the materials placed on record.

3. According to the learned counsel for the Petitioner, the Petitioner was the Correspondent of the Petitioner School, which was established by his father as the Trustee of the above School. Due to dispute arose between the family Members, a civil suit for partition and separate possession was filed by the Petitioner before this Court. After the death of his father, the Petitioner had taken over the School as the Correspondent, as per the Trust Deed. The impugned notice dated nil, but signed https://hcservices.ecourts.gov.in/hcservices/

on 18.11.2011 sent by the 3rd Respondent, had been served on the Petitioner on 22.11.2011 at 1.00 p.m. directing the Petitioner to convene a meeting of the Trustees, within 24 hours, i.e. on 23.11.2011. Hence, contending that the 3rd Respondent has no authority and it is an internal matter of the Trust, this Writ Petition has been filed, seeking the relief, as stated above.

4. On a perusal of the materials, it is seen that the Petitioner had already obtained an interim order and consequently, the meeting was not conducted. Further, the date on which, the Petitioner was directed to convene the meeting, had also expired. Therefore, nothing survives for adjudication in this Writ Petition. Hence, this Writ Petition is dismissed. No costs. Consequently, the connected MP is closed. However, it is open to the parties to proceed further, if necessary, in accordance with law.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Srcm To 1.The Secretary to Government of Tamil Nadu Matriculation Schools, Fort St.George, Chennai-9 2.The Director of Matriculation Schools, DPI Campound, Nungambakkam, Chennai-6 3.The Inspector of Matriculation Schools Madras District, Egmore, Chennai-8 +1cc to the Government Pleader, S.R.No.86761 WP.No.27471 of 2011 SKV(CO) rrs 23/01/2019 https://hcservices.ecourts.gov.in/hcservices/