Yettacode Higher Secondary v. The District Educational

1 W.P.(MD)NO.10003 OF 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.10003 of 2014 AND M.P.(MD)Nos.2 & 3 of 2014

1. Yettacode Higher Secondary School, Yettacode, Veeyyanoor Post, Via Thiruvattar, Kanyakumari District, Pin: 629 177, Rep. by its Correspondent.

2. K.C.Jeyadhas, S/o.K.C.Chelliah, Correspondent of Yettacode Higher Secondary School and Managing Trustee of K.C.Chelliah Memorial Education Trust, Yettacode, Veeyanoor Post, Via Thiruvattar, Kanyakumari District - 629 177.

3. K.C.Monydhas, S/o.K.C.Chelliah, Trustee of K.C.Chelliah Memorial Education Trust, Yettacode, Veeyanoor Post, Via Thiruvattar, Kanyakumari District - 629 177.

4. K.C.Jayachandradhas, S/o.K.C.Chelliah, Trustee of K.C.Chelliah Memorial Education Trust, Yettacode, Veeyannoor Post, Via Thiruvattar, Kanyakumari District - 629 177.

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2 W.P.(MD)NO.10003 OF 2014

5. K.C.Mohandhas, S/o.K.C.Chelliah, Trustee of K.C.Chelliah Memorial Education Trust, Yettacode, Veeyannoor Post, Via Thiruvattar, Kanyakumari District - 629 177.

6.B.I.Selvakumar, S/o.K.C.Bhakthadhas, Trustee of K.C.Chelliah Memorial Education Trust, Yettacode, Veeyannoor Post, Via Thiruvattar, Kanyakumari District - 629 177.

... Petitioner Vs.

1. The District Educational Officer, Thuckalay, Kanyakumari District - 629 175.

K.C.Babudhas (Died)

2. N.B.Aruldhas (R-2 is substituted vide order dated 21.08.2023 in W.M.P.(MD)No.8594 of 2016)

3. B.B.Kabeer Dhas (R-3 is impleaded vide order dated 21.08.2023 in W.M.P.(MD)No.16337 of 2018) ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent, pertaiing to the order in Na.Ka.No.1091/Aa2/2014 dated 19.5.2014 on his file, quash the same, directing the 1st respondent to pass and sanction the salary bills and other bills of the 1st petitioner-school, to be submitted by the 2nd 2/5

3 W.P.(MD)NO.10003 OF 2014 petitioner, rejecting the original 2nd respondent's claim made in his representation dated 20.2.2014 For Petitioner : Mr.Isaac Mohanlal, Senior Counsel, for Mr.G.Radhakrishnan.

For R-1 : Mr.N.Satheesh Kumar, Additional Government Pleader.

For R-2 : Mr.S.C.Herold Singh * * *

O R D E R

Heard the learned Senior counsel appearing for the petitioners and the learned Additional Government Pleader appearing for the first respondent and the learned counsel appearing for the second respondent.

2. The petitioner challenges the order by which the school was brought under direct payment. The order as such cannot be assailed. The department was constrained to issue the said proceedings on account of the dispute among the members of the educational agency. However, in view of the order made in W.P.(MD)No.18788 of 2018, the competent 3/5

4 W.P.(MD)NO.10003 OF 2014 authority is directed to revoke the impugned order. This writ petition stands allowed on these terms. No costs. Consequently, connected miscellaneous petitions are closed. 31.08.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU To:

The District Educational Officer, Thuckalay, Kanyakumari District - 629 175.

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5 W.P.(MD)NO.10003 OF 2014 G.R.SWAMINATHAN,J.

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