HIS HOLINESS SRI-IA-SRI KAWIVASI MUTHUKUMARASWAMI THAMBIRAN SWAMIGAL, HEAD OF SRI KASI MUTT Vs. MADURAI KAMARAJ UNIVERSITY TEACHERS ASSOCIATION, SRI KUMARAGURUPARAM SWAMIGAL ARTS COLLEGE

JUDGEMENT

(1.) These civil revision petitions have been preferred by the Head of Sri Kasi Mutt (Hereinafter referred to as 'the Mutt') against the order passed by the District Court West Thanjavur, In I.A. Nos. 272 and 262 of 1985 in A.S. No. 137 of 1985 and I.A. No. 15 of 1988 and 68 of 1986 in A.S. No. 62 of 1986 filed by the Madurai Kamaraj University Teachers' Association, represented by its President (hereinafter referred to as the Association', for short) and the Government of Tamil Nadu represented by Commissioner and Secretary, Education Department, Madras-9. respectively.

(2.) Briefly, stated, the circumstances giving rise to these civil revision petitions are as follows:

(3.) Both the applications, viz., I.A. Nos. 262 of 1985 and 15 of 1988 were dealt with together by the District Court, West Thanjavur, and it was found that the Association would be a necessary party or at least a proper party to the appeal, as the Association would be interested in the outcome of the litigation launched by the Mutt. On such a conclusion, I.A. Nos. 262 of 1985 and 15 of 1988 were allowed, against which C.R.P. Nos. 1766 and 1767 of 1989 have been preferred by the Mutt. In I.A. No. 272 of 1985, in A.S. No. 137 of 1985, permission to prefer which appeal was granted to the Association it prayed for stay of operation of the decree in O.S. No. 18 of 1985, Sub Court, Kumbakonam, pending disposal of that appeal on the ground that complication and confusion will result in the administration of the colleges, if there was no order of stay. This was opposed by the Mutt on the ground that right from 1983 onwards, an interim injunction had been in force and under the decree also, the injunction had operated and that nothing objectionable in the matter of the management of the institutions had been established to justify the grant of stay. A similar application in I.A. No. 68 of 1986 in A.S. No. 62 of 1986 for stay was taken out by the State of Tamil Nadu in its appeal and that was also opposed by the Mutt on more or less similar grounds. I.A. Nos. 272 and 68 of 1986 were also dealt with together by the District Court, West Thanjavur, and in I.A. No. 68 of 1986, stay was granted in so far as the institution in Tirupanandal is concerned and in I.A. No. 272 of 1985 also, stay was granted giving liberty to the Mutt to administer the college as before, but imposing a condition that no teachers or servants should be appointed till the disposal of the appeal and should such a necessity arise, the proposal should be reported to the State of Tamil Nadu and appointments could be made subject to orders of Court. In C.R.P. Nos. 1072 and 1768 of 1989, the Mutt has challenged the correctness of these orders.