MUKKALATHOR SANGA ABIVIRUTHI ELEMENTARY SCHOOL Vs. TAHSILDAR

JUDGEMENT

(1.) The present Writ Appeal has been filed by the Appellant against the order by the learned Single Judge passed in W.P. No. 6992 of 2010 dated 08.10.2010.

(2.) Heard the learned Counsel for the Appellant and perused the materials available on record carefully.

(3.) The Appellant-Mukkalathor Sanga Abiviruthi Elementary School came to be started by the grandfather of Mr. Balanathan claiming to be the Secretary of the Appellant's School, in Keezha Uppilikundu, Kariapatti Taluk, Virudhunagar District about 60 years ago in the year 1952. Due to some dispute as to whether the School belongs to the Community or the entire village, a civil suit was also filed. But, the said civil suit finally came to be disposed of declaring that the Appellant School belonged to the the entire village. Subsequently, the Educational Society which was running the school, became defunct and thereafter, the present Appellant's society was started and registered under the Tamil Nadu Societies Registration Act 1975. The said Educational Society comprising of all members from various communities of the village started claiming the said school. It was also mentioned that after the suit was filed, the Appellant School came under direct payment system from the year 1972 and the School was managed directly by the Education Department till 2002. Subsequently, when the School became defunct, the present Appellant once again took steps to revive the Educational Agency by applying to the revenue authorities seeking licence to run the school and filed another application to the Educational Authorities to regularise the Appellant as the Secretary to the School.