SANJEEVI JOSEPH Vs. DIRECTOR ELEMENTARY EDUCATION OFFICER

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order passed in I. A. No. 128 of 2002 in O. S. No. 118 of 2002 on the file of Additional District Munsif Court at Vellore, which was dismissed on 11. 09. 2003 and restored on 23. 12. 2003, reviving the order of Injunction granted earlier. The Fourth Defendant is the Revision Petitioner.

(2.) THERE have been several rounds of litigation between the parties regarding D-5-School Morning Star Higher Secondary School, Thirupakuttai Village. The Plaintiff Kanagamani is the Wife of Late Sigamoni George. The said Sigamoni George and D-4-Sanjeevi George are the Sons of I. J. Sigamoni.

(3.) O. S. NO. 118 of 2002 D. M. C. VELLORE:- Case of the Plaintiff is that during the lifetime of I. J. Sigamoni, he was in management of D-5-School as a Headmaster of the School for nearly 27 years. The said I. J. Sigamoni executed a Letter of Management on 01. 01. 1970 empowering his Son Sigamoni to administer and run the School during his lifetime. The Plaintiffs Husband - Sigamoni died on 29. 11. 2000. In succession as Manager of the Fifth Defendant School, the Plaintiff and her Sons and Daughters are entitled to succeed to the Management of the Fifth Defendant School. The Sons and Daughters of Sigamoni had given consent letter to the Plaintiff to take over the Management of the Fifth Defendant School. Taking advantage of demise of the Plaintiffs Husband, the Fourth Defendant is indulged in activities which are against the interest of the School and the Management. Regarding this, the Plaintiff has preferred a Complaint before Katpadi Police Station, under Section 420 I. P. C on the file of Judicial Magistrate No. III, Vellore. At the instance of D-4, Defendants 2 and 3 are trying to change over the administration in favour of Fourth Defendant, which is illegal and unlawful. Hence, the Plaintiff has filed the Suit to declare that she is entitled to manage, maintain and administer D-5 School and also granting Permanent Injunction, restraining the Defendants 1 to 3 from nominating the Fourth Defendant as Manager and Correspondent of D-5-School.