LAWS(MAD)-2009-8-396

MALOLAN EDUCATIONAL TRUST REG Vs. STATE OF TAMILNADU

Decided On August 12, 2009
MALOLAN EDUCATIONAL TRUST Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner and the learned counsels appearing for the respondents.

(2.) THIS writ petition has been filed challenging the proceedings of the Director of School Education, dated 3.5.2008, made in Na.Ka.No.18830/W4/E3/2006. By the said impugned order, the Director of School Education had stated that the petitioner Trust, to get its relief, of changing the Educational Agency of Sri Ahobila Mutt Oriental Higher Secondary School, West Mamabalam, Chennai, should go to the Registrar of Societies and cancel the registration of the fifth respondent Sabha. In such circumstances, the petitioner Trust has preferred the present writ petition before this Court, under Article 226 of the Constitution of India, challenging the said proceedings, dated 3.5.2008, and for a consequential direction to consider the matter, on merits and in accordance with law, based on the records and the evidence available, under Section 53-A of the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973.

(3.) IT was stated that the formation of such a registered Society was necessary due to the fact that the Tamil Nadu Recognised Private Schools (Regulation) Act, 1973, had come into force. Subsequently, some of the persons appointed by His Holiness for looking after the educational institutions, had also registered a Society, under the Tamil Nadu Societies Registration Act, 1975.