REV FR FRANCIS M VINCENT SECRETARY ST JUDES COLLAGE ST BARBARAS CHURCH RAMANTHURAI KANYAKUMARI DISTRICT Vs. SECRETARY TO GOVERNMENT HIGHER EDUCATION FORT ST GEORGE SECRETARIATE CHENNAI

JUDGEMENT

(1.) Heard Mr. R. Muthukumarasamy, learned senior counsel for the petitioner and Mr. S. Gopinathan, learned Additional Government Pleader for the respondents. The Secretary of St. Jude's College, St. Barbaras's Church, Ramanthurai, Kanyakumari District has filed this writ petition questioning the order passed by the 2nd respondent in Na.Ka. No. 18828/F2/2010 dated 4.8.2010 as illegal, arbitrary and against the principles of natural justice.

(2.) It is the case of the petitioner that he is the Secretary of St. Jude's College (hereinafter referred to as "the College") owned and administered by the Latin Catholic Fisherment's Educational Society (hereinafter referred to as "Educational Society"), which was formed on 11.8.1978 to organize and conduct educational institutions for developing education in arts, science and other technical courses and to establish such of the institutions to promote the cause of education for the people live along the coast of Thoothoor and Colachal Foranates giving equal representation, ft is the further case of the petitioner that all the Parish Priests of Colachal and Thoothoor Foranates are made as ex-officio members of the Society and the total number of members were 34, out of which one Fr. Thobias died on 16.8.2009 and another permanent member Fr. J.G. Jesudas died in March 2010. The petitioner was elected as Secretary of the College in the General Body Meeting held on 30.7.2009 and the same was registered by the District Registrar of Societies, Marthandam on 23.10.2009. Subsequently, the 2nd respondent had also approved him as the Secretary of the College vide proceedings in M.M. No. 32088/F2/2009 dated 11.12.2009.

(3.) In the said General Body Meeting, the Executive Committee Members were also elected. In that meeting one Xavier Alexander was elected as Secretary of the Society. While so, the said Xavier Alexander convened an Executive Committee meeting without proper notice to the members and inducted himself as the Secretary of the College. The petitioner has challenged the same before the competent Civil Court in O.S. No. 84 of 2010 on the File of the District Munsif Court, Kuzhithurai and in the interim application, an order of status quo was granted permitting the petitioner to continue as the Secretary of the College, till the disposal of the suit. The 1st respondent had also passed a separate proceedings in Na.Ka. No. 18828/F2/2010 dated 11.6.2010 confirming the petitioner as the Secretary of the College pursuant to the order of the Civil Court.