KULANDAI VELU Vs. JOINT DIRECTOR OF SCHOOL EDUCATION

JUDGEMENT

(1.) THE difficulty faced by the petitioner to obtain an interim order from the Civil Court in O.S. No. 86 of 2013 appears to have made him to file this Writ Petition challenging the order passed by the third respondent dated 21 May, 2013, approving the School Committee, subject to certain conditions.

(2.) THE petitioner is stated to be a member of Sathiriya Nadarkal Uravin Murai Trust functioning at Kallurani Village, Aruppukottai, in the district of Virudhunagar. The Trust established an Educational Institution in the name and style of 'SBK Higher Secondary School'. The sixth respondent floated a paper publication on 04 January, 2012 declaring that he is convening the general body meeting to elect the Executive Committee of the Trust and without conducting any such meeting, he declared the constitution of new Executive Committee. The petitioner immediately filed a suit in O.S. No. 46 of 2012 before the District Munsif Court, Aruppukottai, to declare the said action as illegal. The sixth respondent, once again, issued a paper publication on 31 January, 2013 that the election of the Office Bearers of the Trust would be held on 23 February, 2013. It is the case of the petitioner that there was no such meeting or election of Office Bearers on 23 February, 2013 as claimed by the sixth respondent. The sixth respondent claimed that Thiru. Muniyasamy Nadar was elected as a President of the Trust. The petitioner filed a civil suit in O.S. No. 86 of 2013 before the learned District Munsif, Aruppukkottai, praying for a decree of declaration that the election held on 23 February, 2013, is a nullity, to restrain the educational authorities from granting approval of School Committee and to restrain the District Registrar from entertaining form -VII and similar other reliefs. While so, the third respondent passed an order dated 21 May, 2013, approving the School Committee. The said order is under challenge in this Writ Petition.

(3.) THE District Registrar, Virudhunagar District, in his counter -affidavit, contended that form -VII submitted by the fifth respondent is kept pending in his office on account of the pendency of this Writ Petition and the civil suits. According to the District Registrar, the notice of change of Committee in form -VII was given on 22 March, 2013 by the fifth respondent. There is no rival claim or submission of another form -VII till date.