Challenge in this writ petition is to the order, passed in Na.Ka.No.224/Aa/2011, dated 23.05.2011, by the third respondent.
2. The case of the petitioner is that the people from Nadar Community from Nattathi Village at Tirunelveli and Sivakasi now settled in Usilampatty joined together and formed an unregistered Association called ?Usilampatty Nattathi Nadar Uravinmurai Pothu? and had acquired various properties for the benefit of the people of Nadar Community at Usilampatty. The members of the said Association, in the year 1954, had divided themselves into two separate groups, namely, Usilampatty Kshatriyakula Nattathi Nadar Uravinmurai and Sivakasi Kshatriyakula Nadar Uravinmurai at Usilampatty and decided to divide the properties purchased in the name of the said Association. Accordingly, ?A? Schedule properties were allotted to Sivakasi Kshatriyakula Nadar Uravinmurai at Usilampatty and ?B? Schedule properties were allotted to Usilampatty Kshatriyakula Nattathi Nadar Uravinmurai at Usilampatty and apart from these mentioned above properties, there were common properties, which were scheduled as ?C? Schedule properties and retained the same as common properties of both the groups, such as Temples, etc., of the Nadar Community. The partition was registered on 01.12.1954 and the respective parties were in possession and enjoyment of all the properties allotted to them.
3. Usilampatty Kshatriyakula Nattathi Nadar Uravinmurai at Usilampatty was allotted the management of Nadar Saraswathy Vidyasalai Elementary School started in the year 1946. The said School was upgraded as a Middle School in the year 1955 and thereafter, as a High School in the year 1961 and it has now been upgraded as a Higher Secondary School. In the year 1961, in order to comply with the requirements of Madras Education Rules, it had become necessary to register the Schools and its' properties as a separate Society. Accordingly, Usilampatty Nattathi Nadargal Uravinmuraikku Pathiamana Nadar Saraswathy Higher Secondary School and Primary School "Paribalana Sabai" was registered as a Society under the Society Registration Act, 1860, vide registration No.35/61 on 08.08.1961, at the Office of the District Registrar, Periyakulam.
4. Due to differences in the administration and on account of inter-dispute among the members of the parental body, two groups were registered themselves as Societies under the Societies Registration Act, 1860. One Society was registered as the Society vide Registration No.98/91 on 25.10.1991, in which, the petitioner is an Office Bearer and the fifth respondent and his members formed and registered a Society vide Registration No.442/1991 on 31.10.1991. The Society bearing Registration No.98/91 was registered at the Office of the District Registrar, Periyakulam and the Society bearing Registration No.442/1991 was registered at the Office of the District Registrar, South Madras. Thereafter, the Society bearing Registration No.98/91, claiming to be the members of the Educational Agency bearing Registration No.35/61, conducted election and submitted Forms VI and VII before the District Registrar. The same was accepted.
5. The acceptance of Form-VII was challenged by the rival groups before this Court, by filing several writ petitions and this Court, by order dated 09.06.2010, dismissed all the writ petitions observing that if at all anybody was aggrieved, they could very well challenge the primary act of passing the resolution to submit Form-VII of the Society bearing registration No.35/61 in a Civil Court.
6. The dispute was raised before the Inspector General of Registration, who by order, dated 30.04.2008, had declared that none of the members in the Society bearing registration No.442/91 were members of Society bearing registration No.35/61 on the basis of the order of this Court in W.P.Nos.913 and 5186 of 1998. The fifth respondent had again challenged the order of the Inspector General of Registration, Chennai by filing W.P.(MD) No.12209 of 2008, which also came to be dismissed by this Court by order dated 09.06.2010, re-affirming that the members of the Society bearing registration No.442/91 are not the members of the Society bearing Registration No.35/61.
7. Thereafter, a suit, in O.S.No.24 of 2010, was filed before the Sub Court, Periyakulam, wherein the petitioner was not made a party. But, it was filed against one Deivendran and an order of injunction was obtained on 19.07.2010 and an appeal filed by the Deivendran was posted for orders on 30.05.2011. The appeal was yet to be decided. Even though injunction was granted against the said Deivendran, the fifth respondent made a false representation to the Educational Authorities not to appoint the petitioner as a Correspondent of the School of the Society bearing registration No.35/61. After the representation, by order, dated 12.10.2010, the Joint Director of School Education directed the District Educational Officer to appoint the petitioner as Correspondent of the School of the Society bearing registration No.35/61. The said order was again challenged by the fifth respondent in W.P.No.12784 of 2011.
8. The suit, in O.S.No.24 of 2010, before the Sub Court, Periyakulam, was transferred to the file of the Sub Court, Theni, and it was re-numbered as O.S.No.104 of 2010 and the interim application was numbered as I.A.No.264 of 2010. Thereafter, this Court had ordered transfer of the suit in O.S.No.104 of 2010 to be transferred from the file of the Sub Court, Theni, to the file of the I Additional Sub Court, Madurai, with a direction to dispose of the same before the end of March, 2011 along with the connected O.S.No.451 of 2011 filed by the petitioner in the capacity as Secretary of the Society bearing registration No.35/61.
9. The transferred suit was again re-numbered as O.S.No.103 of 2011, on the file of the I Additional Sub Court, Madurai and the interim application was renumbered as I.A.No.142 of 2011. In the meanwhile, the writ petition, in W.P.No.12784 of 2010, filed by the fifth respondent was dismissed on 04.02.2011 and this Court had reaffirmed the order of the acceptance of Form- VII as valid. Pursuant to the same, the petitioner was appointed as the Correspondent of the School of the Society bearing registration No.35/61, vide order, dated 10.02.2011, by the District Educational Officer. Pursuant to the appointment of the petitioner as Correspondent of the School, the petitioner made a representation, on 23.02.2011, to the third respondent, to appoint him as Correspondent of the Matriculation Schools of the Society bearing registration No.35/61 also. Pursuant to the said representation, the fifth respondent preferred an appeal, in W.A.No.201 of 2011, before this Court and during the pendency of the appeal, the Educational Officers took possession from the petitioner with effect from 01.03.2011.
10. Suppressing the above facts and legal status, the fifth respondent had obtained an order of injunction in I.A.No.142 of 2011 in O.S.No.103 of 2011, on 31.03.2011. Thereafter, the writ appeal was dismissed as withdrawn with costs of Rs.30,000/- to be paid by the petitioner to the Chief Justice's Relief Fund.
11. The fifth respondent had successfully stopped the petitioner from 25.09.2009 till 09.02.2011 from functioning as Correspondent of the School. Thereafter, pursuant to the order, dated 12.10.2010, in W.A.No.201 of 2011, the third respondent, by an order, dated 12.05.2011, has appointed the petitioner as Correspondent of the Matriculation Schools of the Society bearing registration No.35/61.
12. After knowing the same, the fifth respondent made a representation, as if there was an order of injunction granted restraining the officials, including the third respondent, who was not even made as a party to the suit, from appointing him as Correspondent and thereafter, the petitioner made a representation to the officials concerned. But, the third respondent, by the impugned order, dated 23.05.2011, kept the order, dated 12.05.2011, in abeyance temporarily. Aggrieved by the same, the petitioner is before this Court.
13. The fifth respondent has filed a counter-affidavit stating that the petitioner was not at all a member of Society bearing registration No.35/61 as he had resigned from the said Society and formed a separate Society bearing registration No.98/91. According to the fifth respondent, the petitioner had attempted to claim right over the Society bearing registration No.35/61 by filing writ petitions in W.P.No.913 and 5186 of 1998 to recognize him as the body entitled to govern the affairs of the Schools and also to prevent the Society bearing registration No.442/1991 from making any appointment of teaching and non-teaching staff in the Schools. The fifth respondent was appointed as Correspondent of the School from 1996 to 2005 by periodical renewal by the authorities concerned.
14. This Court, in W.P.No.913 and 5186 of 1998 has held that the Society bearing registration No.35/61 alone continued as an Educational Agency and it was mistakenly stated as Society bearing registration No.442/91. It was further declared that the Society bearing registration No.442/91 was not entitled to use or represent the Society and prohibited to use its name and to register in connection with the management and administration of the School. Thereafter, the Inspector General of Registration had rejected the claim of the petitioner, vide proceedings No.33154/I-1/I-3/2001, dated 03.11.2011. The said finding was upheld by this Court, in W.P.No.13037 of 2011.
15. This Court, while deciding various writ petitions, in W.P.Nos.13037, 13706 of 2011and 483, 780, 1332 and 1577 and 8521 of 2012, vide order, dated 19.03.2013, has held that neither the Society bearing registration No.98/91 nor the Society bearing registration No.442/1991 is entitled to claim right over the Society bearing registration No.35/61 till the same is finally determined by the competent Civil Court. Further, the educational authorities were directed to continue to make direct payment to the School and directed the Government to initiate action in terms of Section 34(A) of the Tamil Nadu Societies Registration Act, within a period of three months for appointment of Special Officer to the Society bearing registration No.35/61. Challenging the same, the petitioner preferred an appeal and the same was dismissed. Thereafter, the petitioner challenged the orders passed in the above writ appeals before the Supreme Court in S.L.P.(Civil) Nos.18097 to 18099 of 2013 and the Hon'ble Supreme Court had stayed the second point of the order staying the appointment of Special Officer.
16. At this juncture, it would be more beneficial to extract the relevant portion of the order, dated 19.03.2013, passed by this Court in W.P.(MD) Nos.13037 and 13706 of 2011 and 483, 780, 1332, 1577 and 8521 of 2012: ?77. In view of the above, the various reliefs sought by the petitioners in all these writ petitions, are rejected. The writ petitions are disposed of with the following directions:-
(i) The Government order dated 10.1.2012 and the orders of the Director of School Education and the District Educational Officer dated 11.1.2012 and 12.1.2012 are upheld and the competent authority shall continue to make direct payment of the grant, until a Civil Court pronounces a final judgment (not an interim order) as to who are the members of the original Society with Registration No.35/1961 and as to who are its elected members, eligible to be recognised as the Educational Agency.
(ii) The Government shall initiate action in terms of Section 34-A of the Tamil Nadu Societies Registration Act, 1975, for the appointment of a Special Officer, in supersession of the Committee and pass orders within a period of 3 months in accordance with law.
(iii) The warring groups are at liberty to approach the Civil Court for a final determination as to who are the members of the original Society with Registration No.35/1961 as on date and as to who are its elected members as on date, eligible to be recognized as the Educational Agency.
(iv) Till the Civil Court decides the question of membership as well as the question of office bearership of the original Society (35/61), the District Registrar need not accept any Form filed by any of the groups. This will not tantamount to a violation of the statutory requirements, Since I have directed the Government to appoint a Special Officer, in the preceding Clause.?
17. The Division Bench of this Court in W.A.(MD) Nos.439, 440, 443, 444 and 445 of 2013, preferred by the petitioner, had confirmed the order passed by the learned Single Judge of this Court and challenging the same, the petitioner filed a Special Leave Appeals, in S.L.A.(Civil) Nos.18097 to 18099 of 2013, wherein the Hon'ble Supreme Court has stayed the condition imposed by the learned Single Judge of this Court, in his order, more particularly Paragraph No.77(ii).
18. In the above background facts, the present writ petition has to be dealt with.
19. When the matter was taken up for hearing, the learned Senior Counsel appearing for petitioner as well as the fifth respondent argued with regard to the fact that as to whether the petitioner could be treated as he has been continuing as Secretary and Correspondent of the School managed and administered under Society bearing registration No.35/61 or not.
20. The learned Senior Counsel appearing for the petitioner, in support of his contentions, has placed reliance upon the order, dated 20.10.2011, passed in C.R.P.(PD) No.1274 of 2011, wherein the order passed in I.A.No.142 of 2011 in O.S.No.103 of 2011 was set aside and the same was remitted back to the file of the I Additional Sub Court, Madurai, for re-consideration.
21. The learned Senior Counsel appearing for the fifth respondent submitted that by virtue of the order, dated 19.03.2013, passed by this Court in W.P.(MD) Nos.13037 and 13706 of 2011 and 483, 780, 1332, 1577 and 8521 of 2012, the petitioner has lost his recognition as Secretary and Correspondent of the Schools. This Court has also categorically ordered direct payment to the Aided Schools and therefore, the writ petitioner had been de-recognized as the Secretary and Correspondent of the Matriculation Schools. The interim stay order passed by the Supreme Court is with respect to Paragraph No.77(ii) of the order, dated 19.03.2013, passed by this Court in W.P.(MD) Nos.13037 and 13706 of 2011 and 483, 780, 1332, 1577 and 8521 of 2012. By virtue of Paragraph No.77(i) of the said order, which is not stayed by the Supreme Court, the petitioner could not be construed as he has been continuing in the post of Secretary and Correspondent and therefore, the writ petition is liable to be dismissed.
22. The learned Senior Counsel appearing for the petitioner submitted that mere order of direct payment would not affect the status of the petitioner under Paragraph No.77(ii) of the above said order. The appointment of the Special Officer to manage and administer the School has been effectively stayed by the Hon'ble Supreme Court. This would amount to stay of divesting the post of Secretary held by the petitioner. In consequence thereof, it should be deemed that the petitioner has been continuing as Secretary of the School and factually also he has been continuing as Secretary till date.
23. The learned Senior Counsel appearing for the petitioner further submitted that the third respondent has passed the impugned order pursuant to the order of injunction granted by the Civil Court in I.A.No.142 of 2011 in O.S.No.103 of 2011, on the file of the I Additional Sub Court, Madurai and now that, by the order of this Court in C.R.P.(PD) (MD) No.1274 of 2011, dated 20.10.2011, the very basis of keeping the order passed by the third respondent, dated 12.05.2011, was done away with. Therefore, there is no impediment in upholding the order of recognition and setting aside the order, dated 23.05.2011. In any event, the basis for passing the order, dated 23.05.2011, had gone and the order passed by the third respondent keeping the appointment and recognition of the petitioner as Secretary and Correspondent of the School has become infructuous and therefore, the writ petition is liable to be closed.
24. Heard both sides and perused the materials produced.
25. Admittedly, both the petitioner as well as the fifth respondent are fighting for their rights before the Civil Court, by way of O.S.Nos.103 of 2011 and 451 of 2011, on the file of the I Additional Sub Court, Madurai. This Court, vide order, dated 19.03.2013, passed in W.P.(MD) Nos.13037 and 13706 of 2011 and 483, 780, 1332, 1577 and 8521 of 2012, ordered direct payment to the staff as well as to conduct election pursuant to the final orders passed by the Civil Court. The finding of the learned Single Judge for appointment of the Special Officer has been stayed by the Hon'ble Supreme Court. But, in the absence of the Special Officer, the administration of the Schools has to be managed by the individual. The argument of the learned Senior Counsel appearing for the fifth respondent that in the absence of the Special Officer, the Headmaster of the School alone would be entitled to administer the management of the School, cannot be accepted. Admittedly, the petitioner is holding the post of Secretary and he is continuing as such is not disputed.
26. The approval granted has been kept under abeyance, in view of the injunction granted by the First Additional Sub Court, Madurai, I.A.No.142 of 2011 in O.S.No.103 of 2011. However, this Court in C.R.P.(PD) (MD) No.1274 of 2011, dated 20.10.2011, has set aside the order of injunction granted by the Civil Court. The impugned order is only a consequence of the interim injunction given by the Court below and not for any other reasons. Once the main order itself is set aside, the consequential order does not survive. In such circumstances, the reason for keeping the approval in abeyance ceases and consequently, the petitioner is entitled to act as Secretary as per the prior approval.
27. The Writ Petition is disposed of in the above terms. No costs. Consequently, the connected miscellaneous petitions are closed.
To:
1.The Secretary-Department of School Education, Govt. of Tamil Nadu, St.George Fort, Chennai-600 009.
2.The Director of Matriculation, D.P.I.Compound, Chennai-600 006.
3.The Inspector of Matriculation Schools, Tallakulam, Madurai-625 002.
4.The Chief Educational Officer, Tallakulam, Madurai-625 002..