SANTHANAKRISHNAN AND K SANTHANAKARUPPASAMY Vs. DIRECTOR OF COLLEGIATE EDUCATION, COLLEGE ROAD, NUNGAMBAKKAM, CHENNAI

JUDGEMENT

(1.) The writ petition was filed by the petitioners seeking to challenge the order passed by the Director of Collegiate Education, dated 28.02.2011 and for consequential direction to the first respondent to permit them to function as the College Committee for administering the Yadava College, Madurai in terms of the resolution dated 21.12.2008 passed by the General Body of the Yadava College.

(2.) When the writ petition came up on 26.04.2011, this Court ordered notice regarding admission and subsequently time was extended to file counter by the respondents. On notice from this Court, the third respondent has filed a counter affidavit dated 13.04.2011 and the fourth respondent has filed a counter affidavit dated 09.10.2011 and the fifth respondent has filed a counter affidavit dated 27.06.2011. They have also filed voluminous type set of papers showing previous litigation between the parties.

(3.) In the impugned order, the first respondent, the Director of Collegiate Education, on considering the direction issued by the Division Bench of this Court in W.A.(MD).Nos.737, 738 and 810 of 2010, dated 27.01.2011, invited the contending parties and after getting views of all parties and on the basis of the records and the petitions received, the first respondent passed the final order dated 28.02.2011. In the final order, the authority held that on the basis of Form VII filed under the Tamil Nadu Societies Registration Act, 1975 before the District Registrar, Madurai, the present Secretary K.P. Navaneetha Krishnan (R5) will continue to act as the Secretary of the College. The authority also held that though the fourth respondent namely, Dr. C. Gopalakrishnan (R4) had filed a writ petition in W.P. (MD) No. 1304 of 2011, in the absence of any interim order passed against the action taken by the District Registrar, Madurai, there is no impediment for him to pass such an order.