V RAMADURAI Vs. JOINT DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) THE brief facts necessary for the disposal of this writ petition are as follows:

(2.) IN the counter affidavit filed by the third respondent, it is stated that Thannerkunnam Udayar family, which consisted of philanthropic individuals, wanted to provide good quality education to common man and was holding 4800 Acres of land situated in eight fertile villages of Kumbakonam, Mannarkudi, Thiruvarur Taluk, then comprised in Thanjavur District. It is stated that initially the school was started in the house of Thanneerkunnam Udayar family, popularly known as Udayar Bungalow, with five teachers and their remuneration was paid by the family. The petitioner, being one of the teachers appointed initially, became closer to the Karta of the Thaneerkunnam Udayar family, and at that time, the founder was T.S.Singaravelu Udayar.

(3.) AS per the original scheme decree passed by the Sub Court, Kumbakonam, which is in the form of a final decree, passed in I.A.No.695 of 1930 in O.S.No.22 of 1924, a broad scheme was framed regarding the administration and management of the National High School, Mannargudi. After referring to the order of the High Court, the final decree stated as follows: "34. Point No.1. Point No.1 relates to the properties and management of the National High School, Mannargudi. This Court has in its judgement dated 25th October, 1924 found that Ramadurai Iyer and the plaintiff's family are entitled each to a half share in the properties of the National High School, Mannargudi and in the right of management thereof (see the finding on the 7th issue). There is no dispute about the correctness of this finding. It is also left undisturbed by the High Court in its judgement on appeal."