USILAMPATTI SHATRIYAKULA HINDU Vs. DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) THE petitioner claiming to be the Usilampatti Shatriyakula Hindu Nathathi Nadarkal Uravinmuraikku Pathiyamana Nadar Saraswathi Higher Secondary School and Primary School Paribalana Sabai at Usilampatti represented by its Secretary filed the present writ petition initially seeking for a direction to forbear the respondents 3 and 4 from approving the school committee secretaryship/Correspondentship as claimed by the fifth respondent or his society or any peson through him in the Paribalana sabai of the petitioner. When the writ petition came up on 13.10.2010, notice was ordered. Pending notice, an interim injunction was also granted.

(2.) THE petitioner later found that the sixth respondent had passed an order on 12.10.2010 itself, wherein he had directed the fourth respondent District Educational Officer to approve the appointment of the fifth respondent as the Correspondent of the Higher Secondary school and to issue proceedings accordingly. It was stated that if there is any case pending in the court, then in the order, it may be indicated that it was done without prejudice to the outcome of those cases. On coming to know the issuance of the order, dated 12.10.2010, the petitioner filed two applications. One in M.P.(MD)No.2 of 2010 to implead the Joint Director of School Education (Higher Secondary), Chennai as the sixth respondent. The other one in M.P.(MD)No.4 of 2010 was to amend the prayer in the main writ petition. This court by an order, dated 28.10.2010 allowed both petitions. Accordingly, the sixth respondent was made as a party.

(3.) THE case leading to filing of the writ petition was as follows: It is unnecessary to go behind its distance past as there had been many civil litigation between the parties. It is suffice to state that the writ petitioner as well as the fifth respondent filed writ petitions in the year 2008 before this court for certain reliefs. The writ petitioner filed W.P.No12209 of 2008 in the name of the same association along with an another association, i.e. Usilampatti Kshatriyakula Hindu Nattathi Nadargal Uravinmurai (with registration No.442/91) represented by its Secretary another G.Subramanian. The prayer in the writ petition was to set aside the order, dated 30.4.2008 passed by the Inspector General of Registration. By the said order, the IG of Registration, Chennai passed an order under Section 45 of the Societies Registration Act and held that the association with registration No.442/01 as it resembles the name of the earlier association with registration No.35/1961 cannot have any independent existence and whoever contribute magamai to the Uravinmurai of Usilampatti Nattathi Nadargal Uravinmurai will be deemed to be members of the society (Registration No.35/61). In the light of the above, a society with registration No.98/91, i.e. Usilampatti Nattathi Hindu Nadar Uravinmurai Peravai has been registered. If they are paying magamai to the Uravinmurai, the District Registrar was directed to consider whether those members are also members of the society with registration No.35/61.