Madras High CourtWP/27112/2021dismissed

Georgians Old Students Association v. The Chief Secretary

2021-12-22Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.12.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO. 27112 OF 2021 AND W.M.P.NOS.28584, 28586, 28588, 28591, 28592 & 28593 OF 2021 Georgians Old Students Association, Rep by its Secretary, Mr. David Bernard, No.15, Dhanalakshmi Nagar, Kavangarai, Puzhal, Chennai-600066 .....Petitioner Vs

1. The Chief Secretary, Government of Tamil Nadu, Secretariat, Fort.St.George, Chennai-600009.

2. The Additional Chief Secretary, Finance Department, Secretariat, Fort.St.George, Chennai-600009.

3. Director of Local Fund Audit, Integrated Complex for Finance Department, 4th Floor, Saidapet Animal Husbandry Hospital Campus, Nandanam, Chennai-600035.

4. The Principal Secretary, School Education Department, Secretariat, Fort St. George, Chennai-600009.

5. The Secretary to Government, Registration Department, Secretariat, Fort.St.George, Chennai-600009.

6. The Superintending Archaeologist, Archaeoligical Survey of India, Secretariat, Fort.St.George, Chennai-600009.

7. The C.S.I. Diocese Bishop, Cathedral Road, Gopalpuram, Chennai-600086.

8. The Correspondent, St. George's Anglo-Indian School and Orphanage, EVR Periyar Salai, Shenoy Nagar, Chennai-600030.

.....Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbeaing the Respondents 7 & 8 and/or through their agents/associates from transferring or utilising or transacting the funds from St.George's Anglo Indian School and Orphanage or from any other accounts linked to the St.George's Anglo Indian School and Orphanage or College in the absence of a duly appointed receiver by the Hon'ble Court; and directing the respondents 1-6 to conduct an enquiry and submit a report into the various instances of misappropriation of funds by the Respondents 7 & 8 and take appropriate legal action against them and the erring officials and recompense the St.George's Anglo Indian School and Orphanage all the amounts misappropriated.

For petitioner : M/s. Ajay Francis Inigo Loyola For Respondents 1&2: Mrs. C. Sangamithirai, Special Government Pleader.

For 4th Respondent : Mr. Stalin Abimanyu, Additional Government Pleader For 5th Respondent : Mr.R.Kumaravel, Additional Government Pleader.

For 3rd Respondent : Mr. Rajesh Vivekanandan, Assistant Solicitor General

ORDER

The present petition has been filed seeking a direction for forebearing the Respondents 7 & 8 from transacting or utilising the funds from the St.George's Anglo Indian School and a direction to respondents 1 to 6 to take appropriate legal action against the respondents 7 & 8 and erring officials of the school for misappropriating the funds.

2. Mrs. C. Sangamithirai, Special Government Pleader takes notice for respondents 1 to 3, Mr. Stalin Abimanyu, Additional Government Pleader takes notice for the 4th respondent, Mr. R. Kumaravel,Additional Government Pleader takes notice for the 5th respondent and Mr. Rajesh Vivekanandan,

takes notice for the 6th respondent.

3. The case of the petitioner is that the petitioner's association was formed in the year 2015 and was registered under the Tamil Nadu Societies Registration Act, 1975 with an object to foster close relationship between the old and new students to organise social and other functions in the interest of the Association and the St.George's Anglo Indian School. On coming to know the misappropriation of funds of the School by the respondents 7 & 8, the petitioner being the Secretary of the petitioner Association had made a representation to the respondents 1 to 6 for taking appropriate action against the respondents 7 & 8. However, till date, the same has not been considered. Therefore, the petitioner has approached this Court by way of Writ Petition seeking the aforesaid relief.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the respondents 1 to 6 to conduct an enquiry and take appropriate action against the respondents 7 & 8 who are misappropriating the funds of the school within the time frame fixed by this Court.

5. On the above contentions, heard the learned counsel for the respondents.

6. Upon perusal of the materials available on record, it is seen that the petitioner has made a representation to respondents with regard to the aforesaid issue, including the Chief Secretary to the Government of Tamil Nadu who is the 1st respondent herein, for taking necessary action against the erring respondents. However, it is to be pointed out that the 1st respondent has no authority to entertain the representation made by the petitioner as he is not the appropriate or competent authority to deal with the said representation. The 1st respondent has no control over the affairs of respondents 7 & 8. While being so, without approaching the appropriate authority for grant of appropriate relief, making a representation to the 1st respondent herein is wholly misconceived. Hence, the prayer sought for in this Writ Petition cannot be acceded to.

7. For the reasons aforesaid, this Writ Petition is dismissed. No Costs. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Deputy Registrar //True Copy// NHS Sub Assistant Registrar