Sankara Pandian vs Kumaragurubaran Jeyabalan
2023 Latest Caselaw 13880 Mad

                                                                       Cont.P(MD)No.557 of 2023


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 13.10.2023

                                                    CORAM:

                           THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                         Cont.P(MD)No.557 of 2023 in
                                          W.P.(MD)No.16120 of 2020

                 Sankara Pandian, S/o.Mariappa Nadar                       ... Petitioner

                                                          Vs.
                 1.Kumaragurubaran Jeyabalan,
                   The Inspector General of Registration,
                   Department of Registration,
                   Santhome High Road, Chennai.

                 2.M.Kabir,
                   The Chief Educational Officer,
                   Tenkasi District, Tenkasi.

                 3.Rajeswari,
                   The District Educational Officer,
                   Sankarankovil, Tenkasi District.

                 4.Packiam,
                   The District Registrar of Societies,
                   District Registrar Office, Tenkasi.

                 5.Hindu Nadar Uravinmurai
                   Pallikalvi Committee, (Reg No. 129 of 1997),
                   Rep by its Secretary, T.N.Pudukudi,
                   Puliankudi, Tenkasi District.                           ... Respondents


                 1/6

https://www.mhc.tn.gov.in/judis
                                                                               Cont.P(MD)No.557 of 2023


                 [R5 is impleaded vide court order dated 21.07.2023, in
                   Sub.Aplc.(MD)No.88 of 2023]
                 Prayer:- Contempt Petition is filed under Section 11 of Contempt of Courts
                 Act,         praying   to    initiate    contempt   proceedings      against      the
                 contemnors/respondents herein for their wilful disobedience to the order
                 passed by this Court in W.P.(MD)No.16120 of 2020, dated 26.04.2021 and
                 punish them accordingly.


                                  For Petitioner     : Mr.M.Manikandan

                                  For R1             : Mr.A.K.Manikkam
                                                       Special Government Pleader

                                  For R2 to R4       : Mr.P.Thambidurai
                                                       Government Advocate

                                                         ORDER

Alleging that the order of this Court in W.P.(MD)No.16120 of 2020,

dated 26.04.2021, has not been complied with, the present Contempt Petition

has been filed before this Court.

2. When the matter was taken up for hearing today, it was brought to the

notice of this Court that after the order passed in the Writ Petition, the same

was put to challenge by one R.Manickam, who was the past Secretary of the

School Committee, before this Court in W.A.(MD)No.1009 of 2021. By the

https://www.mhc.tn.gov.in/judis Cont.P(MD)No.557 of 2023

time, the Writ Appeal was taken up for hearing along with W.A(MD)No.1010

of 2021, the Division Bench found that only 20 days were left for completion

of the tenure of the existing School Committee, the appellant, therefore,

withdrew the Writ Appeals and the Writ Appeals were disposed of by common

judgment dated 15.02.2023, with the following directions:-

''The learned counsel appearing for the appellant states that since there was an observation by the learned Single Judge that the Government can invoke its power under Section 53(A) of Tamil Nadu Recognised Private Schools (Regulation) Act, 1973, making direct payment, the aforesaid writ appeals were filed and interim order was obtained. But after efflux of time, the School Committee has been recognized by the Government by order dated 30.01.2023 and further more, the tenure of the School Committee itself is expired by 21.03.2023, which hardly 20 days more. Therefore, he seeks leave of this Court to withdraw these appeals. He has also made an endorsement to that effect.

2.In view of the above, these Writ Appeals are dismissed as withdrawn. However, this Court expects the parties to the proceedings shall conduct the election immediately in accordance with law and administer the School, without affecting the interest of the students.

No costs. Consequently, connected Civil Miscellaneous Petitions are closed.''

https://www.mhc.tn.gov.in/judis Cont.P(MD)No.557 of 2023

3. Pursuant to the above, the election was conducted and the new

School Committee was also formed and it was granted approval by the

competent authority. That apart, Form-VII was also filed before the District

Registrar and it was also taken on file on 18.05.2023.

4. It was also brought to the notice of this Court that a suit in O.S.No.59

of 2021 has been filed before the Principal District Munsif-cum-Judicial

Magistrate Court, Sivagiri, challenging the election of the School Committee

and it is pending.

5. In the light of the above developments, there is nothing to be

considered in this Contempt Petition. Accordingly, this Contempt Petition is

closed.

                 Index            : Yes / No                                   13.10.2023
                 smn2

                 To

1.The Inspector General of Registration, Department of Registration, Santhome High Road, Chennai.

https://www.mhc.tn.gov.in/judis Cont.P(MD)No.557 of 2023

2.The Chief Educational Officer, Tenkasi District, Tenkasi.

3.The District Educational Officer, Sankarankovil, Tenkasi District.

4.The District Registrar of Societies, District Registrar Office, Tenkasi.

https://www.mhc.tn.gov.in/judis Cont.P(MD)No.557 of 2023

N.ANAND VENKATESH, J.

smn2

Cont.P.(MD)No.557 of 2023

13.10.2023

https://www.mhc.tn.gov.in/judis