SOUTH KALLIKULAM Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) IN this writ petition, the petitioner has challenged the order of the third respondent comprised in Na.Ka.No.7024/A2/2011 dated 28.11.2011 and consequently, sought for a direction to the respondents not to interfere with the functioning of the petitioner or the School run by the petitioner.

(2.) THE case of the petitioner is that it is a Registered Society registered under the Tamil Nadu Societies Registration Act. The petitioner's Society constitutes an Educational Agency which manages a School known as "Kamaraj Middle School". The School was started in the year 1945 and became a Middle School in the year 1964. The petitioner Society is having a set of office bearers who are elected periodically by the General Body of its members in the "Maha Sabhai". The elections to the Society were regularly held as per the bye-laws and the last one was held on 01.11.2009. The deponent of the affidavit filed in support of the writ petition viz., S.Anandaraja, was elected as President of the Society apart from the other executive committee members. A rival group comprising of few persons acted against the interest of the petitioner society and brought 'No Confidence Motion' against the office bearers who were elected on 01.11.2009, in a special extraordinary general body meeting alleged to have been held on 05.12.2010 and claimed to have passed a 'No Confidence Resolution'. In fact, no such meeting was held on 05.12.2010 nor any such meeting was convened in the manner known to law. In order to prevent illegal attempt to obstruct the peaceful functioning of the petitioner Society, the petitioner was constrained to file a suit in O.S.No.173 of 2010 on the file of the sub-Court, Valliyoor, seeking for permanent injunction restraining the defendant, their men, agents, servants from convening any annual general body meeting or extraordinary general body meeting either on 05.12.2010 or any other subsequent dates. The petitioner had also filed an application for interim injunction in I.A.No.266 of 2011 in O.S.No.173 of 2010 and the same is also pending.

(3.) 12.2010 is sub judice in O.S.No.173 of 2010. While that being so, the fifth respondent informed the third respondent that they got the charge of administration of the Society in pursuant to the General Body Meeting held on 05.12.2010 and consequently, the third respondent passed the impugned order, whereby the election of fifth respondent as the President of the Society was recorded and the earlier recording of the petitioner as the President of the said Society was cancelled. 5. Aggrieved against the said order passed by the third respondent, the present writ petition has been filed.