M RAMANATHAN Vs. DISTRICT EDUCATIONAL OFFICER ARIYALUR

JUDGEMENT

(1.) THE unsuccessful plaintiff has filed the above appeal.

(2.) THE plaintiff filed the suit in O.S.No.382 of 1979 on the file of the Sub Court, Tiruchirappali seeking a decree to declare that he has right of managementship and correspondentship of the Saraswathi Elementary School, THEnur, Perambalur Taluk, Trichy District and consequently entitled to get all the arrears of Rs.10,531.83 towards the teaching grants-in-aid and for accounts. He has also prayed for direction, directing the defendants to change the managementship and correspondentship of the said school to the name of the plaintiff and for restoration of the staff and school children in the Union School to the said Saraswathi Aided School, THEnur, Perambalur Taluk, Trichy District.

(3.) IT is not in dispute that the said Muthiah Pillai was the manager and correspondent of the said school. When the recognition of the said school was withdrawn, he filed the writ petition in W.P.No.5163 of 1973 challenging the said order. Though the defendants tried to challenge the correctness of the order of this Court, the trial court has rightly rejected the same. Since the said Muthiah Pillai filed the said writ petition only as manager and correspondent of the said school, merely on the basis that he died before the passing of the order, and his legal representatives have not been impleaded, it cannot be contended that the said order will not bind on the defendants and it has no legal effect. The writ petition was filed for the benefit of the institution and consequently the order was passed for the benefit of the school. So merely because of his death before the pronouncement of the order, it cannot be said that the said order is void and not binding on the defendants. So, the trial court is correct in deciding issue No.3 in favour of the plaintiff.