D.Augustin v. The District Registrar(Admn)

1 W.P.(MD)NO.27358 OF 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.27358 of 2019 and W.M.P.(MD)Nos.23622, 23623 and 23625 of 2019 D.Augustin, S/o.Devakirubai, President, The Kovilpatti Tamil Baptist Schools Association, No.2, SBM Street, Nalatinpudhur, Kovilpatti, Thoothukudi District.

... Petitioner Vs.

1. The District Registrar (Administration), Palayamkottai, Tirunelveli District.

2. The Chief Educational Officer, Tuticorin District, Turicorin.

3. Lal Bahadur Kennedy ... 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 relating to the proceedings of the impugned order No.2708/A2/2019 dated 13.12.2019 on the file of the first respondent and quash the same and further directing the first respondent to recall the Form VII submitted by the third respondent.

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2 W.P.(MD)NO.27358 OF 2019 For Petitioner : Mr.G.Prabhu Rajadurai For R-1 & R-2 : Mr.N.Sathees Kumar, Additional Government Pleader.

For R-3 : Mr.T.Lajapathi Roy * * *

O R D E R

Heard the learned counsel on either side.

2. The subject matter of this writ petition pertains to the affairs of The Kovilpatti Tamil Baptist Schools Association. The petitioner is aggrieved by the acceptance of Form VII filed by the third respondent for the year 2017-18 and by condoning the defects characterising the filing of Form-VII for the year 2015. The learned counsel appearing for the writ petitioner raised very many contentions and reiterated all the averments set out in the affidavit filed in support of this writ petition.

3. It is seen that the writ petitioner has already filed O.S.No.117 of 2020 on the file of the learned Principal District 2/4

3 W.P.(MD)NO.27358 OF 2019 Judge, Thoothukudi. He has also taken out I.A.No.1 of 2021 seeking injunction. The learned Principal District Judge, Thoothukudi, is directed to dispose of the injunction application filed by the petitioner in I.A.No.1 of 2021 on merits and in accordance with law within a period of two months from the date of receipt of a copy of this order. The suit itself shall also be disposed of within a period of nine months thereafter. All the contentions of the petitioner can be rendered by him in the said suit.

4. I make it clear that I have not gone into the merits of the matter. All the defences of the third respondent are fully left open. This writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.

03.01.2023 NCS : Yes / No Index : Yes / No Internet : Yes / No PMU 3/4

4 W.P.(MD)NO.27358 OF 2019 G.R.SWAMINATHAN,J.

PMU To:

1. The District Registrar (Administration), Palayamkottai, Tirunelveli District.

2. The Chief Educational Officer, Tuticorin District, Turicorin.

W.P.(MD)No.27358 of 2019 03.01.2023 4/4

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