Madras High Court
R.Umayavel Arumuganathan vs The Joint Director Of School ... on 21 April, 2022
W.P(MD)No.14052 of 2009
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 21.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.14052 of 2009
and
M.P(MD)Nos.1 and 2 of 2009
R.Umayavel Arumuganathan ... Petitioner
Vs
1.The Joint Director of School Education
(Secondary Education),
College Road,
Chennai – 600 006.
2.The Chief Educational Officer,
Tuticorin.
3.The District Educational Officer,
Tuticorin District,
Tuticorin.
4.R.Parthiban ... Respondents
PRAYER: Writ Petition filed under Article 226 of the
Constitution of India for issuance of writ of certiorari,
calling for the entire records relating to the impugned
order passed by the frist respondent in Mu.Mu.NO.
57695/G4/2004, dated 22.09.2006 recognising the change of
educational agency for Hindu Ganapathy Kasinathan High
School as K.Thangammal Puram Hindu Ganapathy Kasinathan
1/5
https://www.mhc.tn.gov.in/judis
W.P(MD)No.14052 of 2009
Ninaivu Kalvichangam and consequent order passed by the
third respondent in Na.Ka.No.521/A3/2008, dated 31.01.2008
and quash the same.
For Petitioner : Mr.Mr.V.Boominathan
For Respondent : Mr.D.Gandhiraj,
Nos.1 to 3 Special Government Pleader
For Respondent : Mr.S.Anwar Sameem
No.4
ORDER
This writ petition is filed as against the proceedings
of the Joint Director of School Education (Secondary
Education) in Mu.Mu.No.57695/G/04, dated 22.09.2006.
2.Vide the impugned order, the first respondent
Joint Director based on the legal opinion has granted
approval for change of the name of the educational agency
from K.Thangammal Hindu Ganapathi Kasinathan High School to
Hindu Ganapathy Kasinathan Memorial Educational
Association, pending the second appeals in S.A.Nos.408 of
2005 and 260 of 2005.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.14052 of 2009
3.It is also represented that in respect of a judgment
in O.S.No.63 of 1996, two appeals were filed by the
different parties in A.S.Nos.17 and 20 of 2002 and they
were disposed of by judgment dated 21.12.2004. Challenging
the same, two second appeals are filed before this Court in
S.A(MD)Nos.408 and 260 of 2005.
4.Heard the learned Counsel on either side and perused
the materials placed on record.
5.It is seen from records that the writ petition in
W.P(MD)No.14052 of 2009 and S.A(MD)Nos.408 and 260 of 2005
are tagged together by administrative order dated
21.10.2016.
6.According to the learned Counsel for the petitioner,
the school was established by the Trust namely,
Hindu Ganapathy Kasinathan Memorial Association and now the
school is under direct payment system. The first respondent
vide impugned order has permitted the fourth respondent to
change the educational agency name and that too based on
the legal opinion of the Government Advocate.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.14052 of 2009
7.Though the second appeals are listed today,
the learned Counsel on either side are not ready to proceed
with the second appeals. The writ petition is filed in the
year 2009. The order impugned in this writ petition is an
approval for change of the educational agency name.
8.In the light of the above, this writ petition is
disposed of with liberty to the petitioner to work out his
remedy on the disposal of the second appeals. However,
the change of the educational agency's name is subject to
the result of the second appeals in S.A(MD)Nos.408 and 260
of 2005. No costs. Consequently, connected miscellaneous
petitions stand closed.
21.04.2022
dsk
To
1.The Joint Director of School Education
(Secondary Education),
College Road, Chennai – 600 006.
2.The Chief Educational Officer,
Tuticorin.
3.The District Educational Officer,
Tuticorin District,
Tuticorin.
https://www.mhc.tn.gov.in/judis
W.P(MD)No.14052 of 2009
B.PUGALENDHI, J.
dsk
W.P(MD)No.14052 of 2009
21.04.2022
https://www.mhc.tn.gov.in/judis
