Madras High Court
N.Ramanathan vs The Government Of Tamil Nadu on 18 August, 2022
WP.No.34075/2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.08.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
WP.No.34075/2019 & WMP.No.34677/2019
N.Ramanathan ... Petitioner
Vs
1.The Government of Tamil Nadu
rep.by its Secretary,
Department of School Education,
Fort St George, Chennai-9.
2.The Director,
School Education Department
DPI Campus, Nungambakkam
Chennai-34.
3.The District Collector
Perambalur District.
4.The Chief Educational Officer
Perambalur Education District,
Perambalur.
5.The District Educational Officer
Perambalur.
1/8
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WP.No.34075/2019
6.The District Elementary Educational Officer
Perambalur.
7.The Commissioner
Alathur Panchayat Union
Alathur & Taluk
Perambalur District. ... Respondents
Prayer: Writ Petition filed Article 226 of the Constitution of India praying for
issuance of a writ of certiorarified mandamus calling for the records
pertaining to impugned order dated 01.11.2017 passed by the 6th respondent
in Na.Ka.No.1264/A2/2016 and quash the same as illegal, arbitrary,
contemptuous and amounts to abdication of statutory duty and further direct
respondents to effect change in managementship and correspondentship of
the Saraswathi Elementary School, Thenoor, Alathur Taluk, Perambalur
District, on the basis of the final judgment and decree dated 09.08.1999
made in AS.No.664/1982 on the file of this Court, Madras within a time
frame as may be fixed by this Court.
For Petitioner : Mr.R.Veeramani
For Respondents : Mrs.V.Yamunadevi
Special Govt. Pleader
ORDER
(1) The challenge in the writ petition is to the order of the District
Elementary Education Officer, Perambalur, rejecting the request of
the petitioner to change the Management of the School to the
petitioner.
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WP.No.34075/2019
(2) The School which was started by one Narasimha Iyer was
transferred to the petitioner's father in the year 1955, the same was
recognised by the Government and aid was also granted. On
07.07.1973, the recognition of the School was withdrawn by the
District Educational Officer, Ariyalur. A writ petition was filed in
WP.No.5163/1973 by Muthaiah Pillai, the petitioner's father,
challenging the withdrawal of recognition. The said order dated
07.07.1973 withdrawing recognition was quashed by this Court.
Soon after the withdrawal of the recognition, the District Educational
Officer, Ariyalur, had transferred all the students and staff to the
Panchayat Union School which was started afresh. After the death
of Muthaiah Pillai, as his eldest son, the petitioner/plaintiff applied to
the 1st defendant to change the Management of the School in his
name since the order withdrawing recognition was quashed by this
Court. After correspondence, the 1st defendant refused to comply
with the request of the petitioner on the ground that he was not
recognised as the educational agency for the School. It is, at this
juncture, the petitioner came up with the suit in OS.No.382/1979
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WP.No.34075/2019
seeking a declaration for arrears of teaching grant-in-aid, the
Management and maintenance grant-in-aid and for recovery of all
the arrears, to change the Managementship and Correspondentship
in the name of the plaintiff and for restoration of the staff and school
children.
(3) The suit was dismissed by the Trial Court on 23.12.1998. Aggrieved,
the petitioner preferred an appeal in AS.NO.664/1982. The said
Appeal Suit came to be allowed by this Court on 09.08.1999 and
this Court, after considering the facts and circumstances, concluded
as follows:-
''14.For the foregoing reasons, the judgment
and decree of the trial court are modified granting the
relief in favour of the appellant/plaintiff with respect
to the declaration that he is having a right of
managementship and correspondentship of the said
school and the defendants are directed to change the
management and correspondentship of the said school
in the name of the appellant/plaintiff. The
appellant/plaintiff on the basis of the declaration and
consequential direction, has to approach the
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WP.No.34075/2019
authorities for other reliefs which he is entitled to on
that basis. This appeal is accordingly allowed only to
that extent and in other aspects, this appeal is
dismissed. No costs.''
(4) Pursuant to this judgment, the petitioner applied to the authorities
for change in the Management and Correspondentship. Since the
said request was not complied with, the petitioner came up with
WP.No.6937/2017 seeking a mandamus directing the respondents to
effect the change of Management of the School. The said writ
petition came to be allowed and this Court directed the respondents
to pass orders on the representation of the petitioner. The 6th
respondent has passed the impugned order stating that the name of
the petitioner is not reflected in the Revenue Records as the owner of
the School and hence, the transfer cannot be done.
(5) Needless to point out that this action of the 6th respondent
overreaches the orders of this Court. When this Court in
AS.NO.664/1982 has specifically directed the respondents to change
the Managementship and Correspondentship of the School to the
petitioner, the 6th respondent has no authority to enter upon an
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WP.No.34075/2019
enquiry and render a finding that the petitioner's name does not find
place in the Revenue Records. The authorities, namely, the District
Educational Officer and other officers were parties to the suit. The
judgment is binding on the respondents. The respondents cannot, in
the guise of disposing the petitioner's representation, reject the same
on a completely new ground.
(6) Hence, the writ petition is allowed and the order impugned in the
writ petition is quashed. The respondents shall effect change and
hand over the Management of the School to the petitioner within a
period of four weeks from the date of receipt of a copy of this order.
No costs. Consequently, connected miscellaneous petition is closed.
18.08.2022
AP
Internet : Yes
https://www.mhc.tn.gov.in/judis
WP.No.34075/2019
To
1.The Secretary,
Government of Tamil Nadu
Department of School Education,
Fort St George, Chennai-9.
2.The Director,
School Education Department
DPI Campus, Nungambakkam
Chennai-34.
3.The District Collector
Perambalur District.
4.The Chief Educational Officer
Perambalur Education District,
Perambalur.
5.The District Educational Officer
Perambalur.
6.The District Elementary Educational Officer
Perambalur.
7.The Commissioner
Alathur Panchayat Union
Alathur & Taluk
Perambalur District.
R.SUBRAMANIAN, J.
https://www.mhc.tn.gov.in/judis
WP.No.34075/2019
AP
WP.No.34075/2019
18.08.2022
https://www.mhc.tn.gov.in/judis
