N PARAMESWARA KURUP Vs. STATE

JUDGEMENT

(1.) These second appeals arise out of a common judgment pronounced in A.S.96 of 1978,117 of 1978 and 133 of 1978 on the file of the Subordinate Judge, Padmanabhapuram, which in turn were filed against the judgments in O.S. Nos. 219 of 1977, 9 of 1977 and 481 of 1977 respectively on the file of the Principal District Munsif, Padmanabhapuram. O.S. 9 of 1977 was filed by one Parameswara Kurup for a declaration that the Thiruvattar High School at Thiruvattar, Kalkulam taluk, now in Kanyakumari district, under the management of the plaintiff is a linguistic minority educational institution coming under the purview of Art.30(1) of the Constitution of India and for a consequential injunction restraining the defendant-State of Tamil Nadu from enforcing certain provisions of the Tamil Nadu Act 29 of 1974. O.S. 219 of 1977 was filed by one Sankaran Pillai for a declaration that the Sree Krishnavilasom Middle School, Muttakadu under the management of the plaintiff is a minority school coming under the purview of Art.30(1) of the Constitution of India and for consequential injunction restraining the defendant-State of Tamil Nadu from enforcing the provisions of Act 29 of 1974. O.S. 481 of 1977 was filed by one Vasudevan Thampi for a declaration that the Aided High School, Orappanavilai in Manavalakurichi village, Kalkulam taluk, under the management of the plaintiff is a minority educational institution within the meaning of S.2(6) of the Tamil Nadu Recognised Private School Regulation Act 29 of 1974, and Art. 30(1) of the Constitution of India and for consequential injunction restraining the defendant-State of Tamil Nadu from enforcing certain provisions of the Tamil Nadu Act 29 of 1974.

(2.) In O.S. 9 of 1977, the plaintiff contended that the Thiruvattar High School at Thiruvattar, Kalkulam taluk, was established in the year 1928 on his own lands of 4.5 acres, that he has been the Manager-cum-Headmaster of the school ever since its inception and even though the school was originally intended mainly for the benefit of the students of the Nair community in and around the village of Thiruvattar, it has been imparting education to students of all communities. He further contended that the High School is a minority educational institution coming within the purview of Art.30(1) of the Constitution of India. In O.S. No.219 of 1977, the plaintiff pleaded that he is the Manager of the Sree Krishnavilasam Middle school, Muttukadu, which was started by the plaintiff in 1953 mainly for the benefit of the Malayalees, who form a minority section of the people of the locality and that the school satisfied all the conditions of a minority school. In O.S. 481 of 1977, the plaintiff pleaded that he has established the Aided High School, Orappanavillai, Kalkulam taluk as early as in 1947 and it is a linguistic minority school coming within the purview of Sec.2(6) of Act 29 of 1974 and Art.30(1) of the Constitution of India.

(3.) In all these cases, the suits were resisted by the defendant-State of Tamil Nadu, on the ground that the schools referred to are not linguistic minority schools. One of the contentions of the State in O.S. 9 of 1977 was that the suit is bad for want of notice under S.80 C.P. Code. The trial Court dismissed all the three suits holding that they are not minority schools, and, therefore not entitled to the protection under Art.30(1) of the Constitution of India. The appellate Court also confirmed the judgments of the trial Court and dismissed all the three appeals. The aggrieved plaintiffs have now preferred the 'above second appeals.