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Madras High CourtWP(MD)/1671/2016closed

C.Vaithiyalingam, v. The Director Of School

2016-10-20Honourable Mr Justice V. Bharathidasan8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:20/10/2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition(MD)Nos.1671/2016, 20629 of 2015, 17231 of 2015, 22939 of 2015 and 19842 of 2016 and WMP(MD)NNo.4906,1428 & 10637 of 2016, 14327, 14328/2016 and M.P(MD)No.2 of 2015 W.P(MD)No.1671 of 2016 1.C.Vaithiyalingam S/o.Chidambara Nadar, President, Ariyanayagipuram Hindu Nadar Uravinmurai Committee Uyar Thuvakkapalli (Reg.No.13/64) Ariyanayagipuram, Kadayanallur Taluk, 2.C.Muthiah, S/o.Sivasubbu Nadar, Secretary, Ariyanayagipuram Hindu Nadar Uravinmurai Committee Uyar Thuvakkapalli (Reg.No.13/64) Ariyanayagipuram, Kadayanallur Taluk, Tirunelveli District. ... Petitioners 1.The Director of School Education, 2.The District Educational Officer, Tirunelveli District, Tirunelveli.

3.The District Elementary Educational Officer, Tirunelveli District, Tirunelveli.

4.The District Registrar, Tenkasi, 5.M.Mahendran 6.A.Palanisamy Nadar 7.S.S.Arumugasamy Nadar, 8.C.Kadarkaraisamy ... Respondents (R5 to 8 are impleaded vide Court Order dated 02.08.2016) Certiorari, calling for the records of the impugned order passed by the second respondent herein in his proceedings in O.Mu.NO.5868/A5/2014, dated 14.01.2016 and quash the same as illegal.

For Petitioner : Mr.V.Meenakshisundaram For R1 to R4 : Mr.R.Anandharaj For R5 to R8 : Mr.T.Cibi Chakaraborthy W.P(MD)No.20629 of 2015 C.Vaithiyalingam S/o.Chidambara Nadar, President, Ariyanayagipuram Hindu Nadar Uravinmurai Committee Uyar Thuvakkapalli (Reg.No.13/64) Ariyanayagipuram, Kadayanallur Taluk, 1.The Inspector General of Registration, Chennai-28.

2.The District Registrar, Tenkasi, 3.S.S.Arumugasamy (R3 is impleaded vide Court order dated 30.11.2015) ... Respondents Certiorarified Mandamus calling for the records of the impugned

order passed by the second respondent herein in his proceedings in Na.Ka.No.4897/A3/2014 dated 03.11.2015 and quash the same and further direct the second respondent herein to receive and register Form VII for the period 2015-2018 of the Ariyanayagipuram Hindu Nadar Uravinmurai Committee Uyar Thuvakkapalli (Reg.No.13/64) within a time stipulated by this Court. For Petitioner : Mr.V.Meenakshisundaram For R1 & R2 : Mr.R.Anandharaj For R3 : Mr.T.Lajapathi Roy W.P(MD)No.17231 of 2015 S.S.Arumugachamy 1.Inspector General of Registration O/o.The Inspector General of Registration, Chennai-600 028.

2.The District Registrar (Societies), O/o.The District Registrar (Societies), Near New Bus Stand, Thenkasi, 3.Ariyanagipuram Hindu Nadar Uravinmurai, Higher Primary School, Reps. By It's Secretary, Veerasigamani Viz., Ariyanayakipuram, Kadaiyanaloor Taluk, 4.Ariyanagipuram Hindu Nadar Uravainmurai, Higher Primary School, Reps. By It's President, Veerasigmani Via., Ariyanayakipuram, Kadaiyanaloor Taluk, Tirunelveli District. ... Respondents Mandamus, forbearing the respondent No.2 from passing any order on the application of the respondent No.3 for approval of their Form VII application on the basis of election scheduled on 05.04.2015 without hearing the petitioner.

For Petitioner : Mr.T.Lajapathi Roy For R1 & R2 : Mr.R.Anandharaj For R3 & R4 : Mr.V.Meenakshisundaram W.P(MD)No.22939 of 2015 S.Subramanian 1.The State of Tamilnadu, Rep. By its Principal Secretary to Government, School Education Department, Secretariat, Fort St. George, Chennai- 600 009.

2.The Director of School Education, 3.The District Educational Officer, Tirunelveli District, Tirunelveli.

4.The District Elementary Educational Officer, Tirunelveli District, Tirunelveli.

5.The District Registrar, Tenkasi, 6.C.Vaithiyalingam 7.C.Muthiah ... Respondents Certiorarified Mandamus calling for the records relating to the impugned proceedings issued by the third respondent in Na.Ka.No.5868/A5/2014, dated 02.11.2015 and to quash the same and consequently direct the third respondent to pass appropriate orders on proper verification with reference to acceptance of Form VII by District Registrar, Tenkasi, relating to Ariyanayagipuram Hindu Nadar Uravin Murai Committee, Tirunelveli District.

For Petitioner : Mr.F.Deepak For R1 to 5 : Mr.R.Anandharaj For R6 & R7 : Mr.V.Meenakshisundaram W.P(MD)No.19842 of 2016 M.Mahendran 1.The Principal Secretary to Government, School Education Department, Secretariat, Fort St. George, Chennai- 600 009.

2.The Director of School Education, Chennai-600 006.

3.The Joint Director of School Education (Higher Secondary) 4.The District Educational Officer, Tirunelveli District, Tirunelveli.

5.The District Elementary Educational Officer, Tirunelveli.

6.The District Registrar, Tenkasi, 7.The Special Officer, Hindu Nadar Uravin Murai Committee Higher Secondary School, Ariyanayagipuram, Sankarankovil, 8.C.Vaithiyalingam 9.C.Muthiah ... Respondents 1 to 9 Certiorarified Mandamus calling for record pertaining to Impugned Order passed by the Respondent No.4 in Na.Ka.No.5868/A5/2014,

dated 31.08.2016 and quash the same as illegal and consequently direct the respondents to await the disposal of the Civil Suit in O.S.No.191 of 2012, on the file of the District Munsif Court, Sankarankovil for the Approval of constitution of school committee as per section 53(A) of Tamil Nadu Recognized Private School (Regulation) Act, 1973 within the time to be stipulated by this Court.

For Petitioner : Mr.T.Lajapathi Roy For R1 to 6 : Mr.R.Anandharaj COMMON ORDER The issue involved in all the cases are one and the same, therefore common order is passed.

2.The writ petition in W.P(MD).No.17231 of 2015 is filed to forbear the second respondent from passing any order on the application of the third respondent for approval of their Form VII application based on the election said to have conducted on 05.04.2015 without hearing the petitioner.

3.W.P(MD)No.20629 of 2015 order passed by the District Registrar, dated 03.11.2015 keeping the Form VII pending on the ground that civil suit is pending between the parties, the petitioner claiming to be the President of the School Committee, filed the above writ petition.

4.W.P(MD)No.22939 of 2015 is filed by one Subramanian challenging the approval granted to the School Committee based on the election said to have been conducted on 05.04.2015 by the District Educational Officer, Tirunelveli. Pending the writ petition, the authorities revoked the approval granted to the School Committee by an order, dated 14.01.2016, challenging that order, the petitioner filed a writ petition in W.P(MD)No.1671 of 2016 and the said order is stayed by this Court. Now once again, the Registrar approved the Form VII on 18.08.2016, based on the election said to have conducted on 05.04.2015. Based on the approval of the Form VII, dated 18.08.2016, the District Educational Officer approved the school committee on 31.08.2016. Challenging the above said order, W.P(MD)No.19842 of 2016 has been filed.

5.The contention of the learned counsel for the petitioner in W.P(MD)No.19842 of 2016 is that the Form VII is not genuine and the petitioner is doubting the genuineness of the approval granted by the District Registrar. Since the veracity of the approval of Form-VII cannot be challenged under Article 226 of the Constitution of India. If at all the petitioner is having any grievance, necessarily he has to file a civil suit. Since the appeal remedy is also available against the order approving the

School committee, the petitioner is at liberty to file an appeal, if he is so advised. In the above circumstances since all the above writ petitions are revolving announcement of the alleged election said to have conducted on 05.04.2015 and consequential acceptance of Form VII by the District Registrar and the approval of School Committee based on the acceptance of Form VII, all the writ petitions are disposed with a direction to the aggrieved parties to approach the competent Civil Court challenging the order accepting Form VII by the District Registrar and the liberty is also given to the petitioner in W.P.No.19842 of 2016 to challenge the order approving the School Committee by District Educational Officer before the appropriate appellate authority under the Tamil Nadu Recognized Private Schools Regulation Act and till the above appeal is filed, the order of District Educational Officer, Tirunelveli, dated 31.08.2016 shall not be disturbed.

6. With the above direction, all the writ petitions are closed. No costs. Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(Record) /True copy/ Sub Assistant Registrar To 1.The Director of School Education, 2.The District Educational Officer, Tirunelveli District, Tirunelveli.

3.The District Elementary Educational Officer, Tirunelveli District, Tirunelveli.

4.The District Registrar, Tenkasi, Tirunelveli District.

5.The Principal Secretary to Government, School Education Department, Secretariat, Fort St. George, Chennai- 600 009.

6.The Joint Director of School Education (Higher Secondary)

7.The Inspector General of Registration, Chennai - 600 028 8.The District Registrar O/o.The District Registrar ((Socities) Near New Bus Stand, Tenkasi, +2cc to Mr.D.Nallathambi, Advocate SR.No.62425 +1cc to Mr.T.CibiChakraborthy, Advocate sR.No.62476 +1cc to the special Government Pleader SR.No.62913 am sm:GSV-PM:8.11.2016:8P/13C W.P(MD)Nos.1671/2016, 20629 of 2015, 17231 of 2015, 22939 of 2015 and 19842 of 2016 20/10/2016