M.PACKIAM Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The petitioners, aggrieved by the order dated 24.2.2011, passed by the 2nd respondent and the consequential order dated 23.03.2011 passed by the 4th respondent in permitting the 5th respondent to act as the Secretary of the School Committee have preferred the present writ petition.

(2.) The facts leading to the filing of this writ petition are as under :- In the year 1957, one K.Muthuthevar formed a registered society known as "Muthuthevar Mukkulathore Secondary School Trust (hereinafter called as 'Society'). The said Society established Muthuthevar Mukkulathore Higher Secondary School (for short 'School') at Thirunagar and the said Muthuthevar served as the President of the Society. In the year 1969, Muthuthevar passed away, having served the Society as President till his life time and, thereafter, his wife, Mrs.Mariammal held the post of President of the Society till her death in the year 1974. In 1974, the 1st petitioner, being the wife of the pre-deceased son, Muthuvelayutham, became the President of the Society and continued the Management of the Society and the School.

(3.) Whileso, on 25.11.1981, a Gazette Notification u/s 44 (2) of the Tamil Nadu Societies Registration Act, 1975 (hereinafter referred to as the 'Act') was issued by the 1st respondent calling upon the various societies registered under the Act to show cause as to why the societies named in the Gazette Notification should not be declared as defunct for non-filing of statutory returns u/s 16 (3) of the Act for more than three years. As far as the petitioner Society is concerned, there was no response to the Gazette Notification and, hence, on 26.1.1983, a further Gazette Notification was published u/s 44 dissolving the various societies, including the petitioner society. However, it appeared that instead of mentioning the correct provision as Section 44 (4), the Gazette Notification dated 26.1.1983 mentioned the provision as Section 44 (3), but the reading of the Gazette Notification would reveal that it was an appropriate action taken u/s 44 (4) for dissolving of the societies, those societies which failed to respond to the earlier show cause notification, issued on 25.11.1981, including the petitioner society.