Madras High CourtWP(MD)/1529/2021disposed of

Subramanian.I.K v. The District Educational Officer

2021-02-01Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.1529 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.1529 of 2021 and W.M.P.(MD)Nos.1309 & 1311 of 2021 I.K.Subramanian ... Petitioner -Vs1.The District Educational Officer, District Educational Office, Tenkasi, Tenkasi District.

2.M/s.Illanji Kalvi Sangam, Represented by its Secretary, Ilanji-627805, Tenkasi District.

3.M/s.Ramasamy Pillai Higher Secondary School, Represented by its Secretary, Ilanji-627 805, Tenkasi District.

4.I.C.Shunmuga Velayutham ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, to call for the records relating to impugned notice dated 19.01.2021 issued by the fourth respondent and quash the same as illegal.

For Petitioner : Mr.B.Rajesh Saravanan For R1 : Mr.G.Arjunan Government Advocate For R2 to R4 : Mr.M.Meenakshi Sundaram

ORDER

Heard the learned counsel on either side.

2.What is under challenge in the writ petition is a notice for convening the meeting of the school committee. It is seen that the fourth respondent herein was appointed as Secretary of the third respondent School by the orders of this Court. It is also seen that O.S.No.117 of 2019 is pending on the file of the Principal Sub Court, Tenkasi in respect of the said school. So long as the fourth respondent herein is the Secretary of the School, though it may be only as a stopgap measure, this Court would not be justified in restraining him from discharging his statutory functions. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.1529 of 2021 Therefore, I am not inclined to interfere with the impugned notice issued for convening the school committee. It is needless to say that the rights of the parties will abide by the outcome of the suit proceedings. The Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi Note :.In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The District Educational Officer, District Educational Office, Tenkasi, Tenkasi District.

+1 CC to SPL GP ( SR-2808[F] dated 02/02/2021 ) +1 CC to Mr.D.NALLATHAMBI, Advocate ( SR-3137[F] dated 03/02/2021 ) W.P.(MD)No.1529 of 2021 and W.M.P.(MD)Nos.1309 & 1311 of 2021 01.02.2021 VB (11.02.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2