Ayira Vysia Educational v. The District Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the First day of March Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice R.SUBBIAH and The Hon`ble Mrs.Justice J.NISHA BANU WA(MD) No.344 and 345 of 2011 against WP(MD). No.10398 of 2010 AYIRA VYSIA EDUCATIONAL WELFARE ADVISORY BOARD, MADURAI SOCIETY REGN. NO.102/81, REP. BY SECRETARY M. ANNAMALAI, NO.4,VEERA RAGAVA PERUMAL KOVIL STREET, SOUTH MASI STREET, MADURAI. ... APPELLANT/PETITIONER IN BOTH WA'S Vs 1 THE DISTRICT REGISTRAR (ADMINISTRATION), MADURAI SOUTH, MADURAI - 625 001.
2 THE DISTRICT EDUCATIONAL OFFICER (GENERAL), OFFICE OF THE DISTRICT EDUCATIONAL OFFICE, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT.
3 JAYAKUMAR ... RESPONDENTS/RESPONDENTS IN BOTH WA'S COMMON PRAYER:- This Writ Appeal is filed under Clause 15 of the Letters Patent, praying to set aside the order dated 28.01.2011 made in WP(MD)No.10398 of 2010 on the file of this Hon'ble court and allow the appeal.
PRAYER IN WP(MD)No.10398 of 2010:- This Writ Petition has been preferred under Article 226 of the Constitution of India, praying Writ of Certiorarified Mandamus to forbear the 2nd respondent from recognising any person as Secretary of the School Committee Ayira Vaiysa Higher Secondary School, Sattur, Virudhunagar District without Form VII duly registered with the 1st respondent. ORDER : This Writ Appeal coming on for hearing on this day upon perusing the material papers of this Appeal and upon hearing the arguments of M/S.A.R.SETHUPATHY, Advocate for the appellant and MR.N.S.KARTHIKEYAN, Additional government Pleader for the Respondents 1 and 2 and MR.N.SUNDARESAN, Advocate for R3, the court made the following order:- [Order of the Court was made by R.SUBBIAH.J.] This court, by judgment dated 29.07.2013, in WA(M)Nos.344 and 345 of 2011, appointed Mr.G.Thalaimutharasu, learned counsel, as an https://hcservices.ecourts.gov.in/hcservices/
Advocate Commissioner to conduct the election of the appellant Board. Further, this Court has also directed the appellant as well as the third respondent to pay a sum of Rs.25,000/- each to the learned Advocate Commissioner, excluding the expenses to be incurred by the learned Advocate Commissioner in conducting the election.
2. Today, when the appeals were taken up for consideration, the learned counsel for the appellant submitted that the election was already conducted by the learned Advocate Commissioner and he has also claimed a sum of Rs.68,000/- towards expense incurred by his and also sought for additional remuneration.
3. Considering the nature of work done by the learned Advocate Commissioner, this Court is constrained to pass the following order: The appellant and the third respondent are directed to pay a sum of Rs.34,000/- each, amounting to Rs.68,000/- towards the expenses incurred by the learned Advocate Commissioner. Apart from that, both of them are directed to pay another sum of Rs.30,000/- each, totaling to Rs.60,000/-, towards additional fee to the learned Advocate Commissioner. The amount should be paid within a period of two weeks from the date of receipt of a copy of this order. sd/- Assistant Registrar(T&P) / TRUE COPY / Sub-Assistant Registrar TO 1 THE DISTRICT REGISTRAR (ADMINISTRATION), MADURAI SOUTH, MADURAI - 625 001.
2 THE DISTRICT EDUCATIONAL OFFICER (GENERAL), OFFICE OF THE DISTRICT EDUCATIONAL OFFICE, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT.
3 AYIRA VYSIA EDUCATIONAL WELFARE ADVISORY BOARD, MADURAI SOCIETY REGN. NO.102/81, REP. BY SECRETARY M. ANNAMALAI, NO.4,VEERA RAGAVA PERUMAL KOVIL STREET, SOUTH MASI STREET, MADURAI.
COPY TO: MR.G.THALAIMUTHARASU, ADVOCATE, NO.3/184, MELUR MAIN ROAD, OPP. CITY UNION BANK, Y.OTHAKADAI, MADURAI. - 107.
ORDER
IN WA(MD) Nos.344 & 345 of 2011 IN WP(MD). No.10398 of 2010 Date :01/03/2017 https://hcservices.ecourts.gov.in/hcservices/ CSL/RSK/SAR-I/02.03.2017 : 2P/5C