Sourashtra Kalvikkuzhu v. Joint Director Of School

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.02.2018 C O R A M THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.17535 of 2013 and M.P.(MD)Nos.1 of 2013 and 1 & 2 of 2014 and W.M.P.(MD)Nos.15927 of 2016 and 11377 of 2017 Sourashtra Kalvi Kuzhu, Represented by its President Sri. A.R.Hariram, Son of A.V.Ramachary, No.12/84, Sourashtra Elementary School Street, Paramakudi-623 707.

... Petitioner Vs.

1. The Joint Director of School Education (Secondary Education), Chennai.

2. Chief Educational Officer, Ramanathapuram.

3. The District Educational Officer, Paramakudi-623 707.

4. Sri.D.S.Rajaram ... Respondents Prayer: Writ Petition filed under Article 226 of the constitution of India, to issue a writ of Mandamus, directing the respondents 1 to 3 and their officials to recognise Sri.A.R.Hariram as Correspondent of the Schools run by the petitioner at Paramakudi, thereby restraining the respondents, their men, agents and partisans form in any way interfering with the peaceful carrying on the affairs of the petitioner Institution and other institutions under its management. For Petitioner : Mr.R.A.Mohanram For R1 to R3 : Mr.Aayiram K.Selvakumar Additional Government Pleader For R4 : Mr.Niranjan S.Kumar for Mr.V.Balaji

O R D E R

This Writ Petition has been filed by the petitioner to recommend him as Correspondent of the Schools run by the Sourashtra Kalvikuzhu.

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2.According to the petitioner he was elected as president by the above Sourashtra Kalvikuzhu, Paramakudi in the election held on 07.04.2013. Subsequently, the fourth respondent and others passed a resolution for amending bye-laws in a general body meeting and submitted the same before the District Registrar (Societies), Sivagangai and subsequently conducted election, but that the amendment was not accepted by the Registrar and in view of nonacceptance of the above amendment no subsequent election was conducted by the Saba, in the above circumstances the present writ petition is filed with the above prayer.

3.Today when the matter is taken up for hearing it is submitted that already the District Registrar (Societies), Sivagangai District has approved the amendments and the bye-laws of the societies and has also issued certificate to that effect and based on the above amendment the election has also been conducted in the above saba and form VII also submitted and the Registrar has also accepted it. In view of the same, the petitioner cannot be permitted to act as correspondent of the School run by the saba.

4.Considering the fact that already the amendment has been accepted and based on the amendment election has also been conducted for the said saba and form VII submitted after the election by the saba, which was also accepted by the District Registrar, now the prayer sought for by the petitioner cannot be granted. If at all the petitioner has any grievance against the amendment, it is always open to him to challenge the same in the manner known to law. 5.Accordingly, this Writ Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petitions are dismissed. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To

1. The Joint Director of School Education (Secondary Education), Chennai.

2. The Chief Educational Officer, Ramanathapuram.

3. The District Educational Officer, Paramakudi623 707.

+1cc to Mr.Niranjan S.Kumar, Advocate Sr.No.47185 TA TE/SKN/RSK/SAR1/23.03.2018/2P/5C W.P.(MD)No.17535 of 2013 08.02.2018 https://hcservices.ecourts.gov.in/hcservices/