M JEEVAMANI Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) These three petitions (two writ petitions and one contempt petition) were filed by one and the same person. The petitioner M. Jeevamani, claiming to be the President of Nehru Educational Society, Puthanampatti, filed W.P. (MD) No. 10736 of 2009 seeking for a direction to the second respondent to grant post approval for transfer of Nehru Higher Secondary School from the previous educational agency to the present Educational agency, i.e., Nehru Education Society at Puthanampatti. That writ petition was admitted on 24.10.2009. Pending the writ petition, the petitioner sought for a direction to pay Government grant directly to the said educational agency. In that M.P. (MD) No. 1 of 2009 only notice was ordered. Subsequently, M.P. (MD) No. 2 of 2009 was filed by one M. Ponnambalam to get himself impleaded as party respondent. The said Ponnambalam was none other than the brother of the writ petitioner. It was their father who was the founder member of the earlier society. He has filed a suit earlier in O.S. No. 103 of 1996 for the grant of various reliefs including declaration that Nehru School Committee which is a society registered under the Societies Registration Act, 1860 (and deemed to be a registered society under the Tamil Nadu Societies Registration Act, 1975) had ceased to exist. In that suit, the writ petitioner was arraigned as the fifth defendant. It was under these facts and circumstances of the case, his petition for impleadment was ordered.

(2.) Similarly, M.P. (MD) No. 3 of 2009 was filed by the Tamil Nadu Private School Teachers, Employees Association, represented by its General Secretary, K. Thirumavalavan, to get themselves impleaded in the writ petition. He had also filed a suit in O.S. No. 1292 of 1993 before the Sub Court, Tiruchirappalli for the same relief as that of the earlier suit. That petition was also ordered. Accordingly, both parties, I.e., M. Ponnambalam and the Association have got themselves impleaded in the writ petition as respondents 5 and 6.

(3.) Even when that writ petition was pending, the same petitioner filed the second writ petition being W.P. (MD) No. 4447 of 2010, challenging an order, dated 24.03.2010 passed by the Chief Educational Officer, Tiruchirappalli informing the Secretary of the Nehru Higher Secondary School, that their appeal against the order passed by the District Elementary Officer resorting to direct payment system to the teachers was rejected. That writ petition was admitted on 6.4.2010. Pending the writ petition, an interim stay was granted on the same day. In the application for interim injunction, no order was passed. Aggrieved by the grant of the interim order, the State of Tamil Nadu and other official respondents have filed a vacate stay petition in M.P. (MD) No. 7 of 2010 seeking to vacate the interim order and that was also not taken up for hearing.