W.P.(MD)No.28194 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 30.01.2025 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.28194 of 2024 and W.M.P.(MD)No.23904 of 2024 K.Ayyanganesha Moorthi ... Petitioner Vs. 1.The District Collector, Tenkasi District, Tenkasi 2.The Inspector General of Registration, Department of Registration, Santhom High Road, Chennai – 9. 3.The Deputy Inspector General Of Registrar, Tirunelveli Range, Tirunelveli. 4.The District Registrar, District Registrar Office, Tenkasi. 5.The Chief Educational Officer, O/o. the Chief Educational Officer, Tenkasi, Tenkasi District. 6.The District Educational Officer (Secondary), O/o. the District Educational Officer, Tenkasi, Tenkasi District. 1/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.28194 of 2024 7.The District Educational Officer (Elementary), O/o. the District Educational Officer, Tenkasi, Tenkasi District. 8.The Block Educational Officer, O/o. Block Educational Officer, Sankarankovil, Tenkasi District. 9.Arunagirisamy ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned proceedings Form.7 dated 14.11.2024, issued by the 4th respondent and quash the same as illegal and further direct the Respondents 1st to 4th to ensure a fair and just election with new/proper voters list by adding new members and by deleting persons already died, before submitting Form-7 of Ariyanayagipuram Hindu Nadar Uravinmurai Committee Uyarthuvakka Palli Sangam Reg.No. 13/64. For Petitioners : Mr.V.Rajiv Rufus For Respondents 1 to 4 : Mr.M.Sarangan Government Advocate For Respondents 5 to 8 : Mr.T.Amjad Khan Government Advocate For 9th Respondent : Mr.D.Nalla Thambi ORDER This Writ Petition is filed, quash the impugned proceedings Form.7 dated 14.11.2024, issued by the 4th respondent and to direct the Respondents 1st to 4th to ensure a fair and just election with new/proper voters list by adding new members and by deleting persons already died, before submitting Form-7 of Ariyanayagipuram Hindu Nadar Uravinmurai 2/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.28194 of 2024 Committee Uyarthuvakka Palli Sangam Reg.No. 13/64. 2.Heard the learned counsels on either side and carefully perused the entire materials available on record. 3.The learned counsel appearing for the 9th respondent submitted that the Writ Petition itself is not maintainable because the question of approval of Form 7 could not be raised in a Writ Petition. Further, he submitted that already civil suit in this regard, has been filed by the petitioner in O.S.No. 199 of 2024, on the file of the learned Principal District Munsif, Sankarankovil. Having failed to obtain an interim injunction in the aforesaid suit, the petitioner has filed this Writ Petition to thwart the peaceful conduct of the said school, run by the said Committee. 4.For which, the learned counsel for the petitioner vehemently submitted that the impugned Form 7 dated 14.11.2024, was recognized by the 4th respondent without due diligence. One Pitchandi, who passed away on 21.10.2024, was shown as Executive Committee member in the said form. In the absence of appropriate coram for the conduct of general body of the Society bearing registration No.13/64, with the presence of just 700 members out of the total membership to the tune of 1431, the general body was conducted. That apart, the names of those members who have already passed away, before the conduct of general body were not deleted. The 3/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.28194 of 2024 presence of double entry as far as membership concerned were not rectified and without enrolling new members and without finalizing the membership list, the said exercise of conducting general body meeting without appropriate coram was carried out. Negating all these aspects, the 4th respondent had approved the said Form 7 and this is not the first case where approval of Form 7 is challenged before this Court and the learned counsel for the 9th respondent has no locus standi to question the maintainability of this Writ Petition. 5.The learned counsel for the petitioner further added that at the time of filing this Writ Petition, the school Committee was not approved. 6.For which, the learned counsel for the 9th respondent swiftly responded that the Committee was approved as early as on 18.11.2024, even before the filing of this Writ Petition. 7.The learned counsel for the petitioner further submitted that the atrocity of the school Committee is going uncontrolled and it is all because of forthcoming 4 vacancies, which has to be filled up by the said Committee. 8.At this point of time, the learned Government Advocate for the respondents 5 and 8 promptly submitted that whenever there is a proposal for approval of appointments, the members of the Society are at liberty to 4/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.28194 of 2024 make their objections before the competent authority and the competent authority would pass final orders, only after considering the said of objections. 9.In view of the same, this Court finds it necessary to give quietus to the entire issue and accordingly, the Writ Petition is disposed of, directing the learned Principal District Munsif Court, Sankarankovil, to dispose of the suit in O.S.No.199 of 2024 within a period of six months from the date of receipt of copy of this order. The learned Trial Court is directed to dispose of the said suit without getting influenced by the order of this Court. 10.The sixth respondent is further directed to consider objections, if any, with respect to appointment of vacancies arising in the aforesaid School, whenever the proposals for approval of appointment is sought for. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 30.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes Mrn 5/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.28194 of 2024 To 1.The District Collector, Tenkasi District, Tenkasi 2.The Inspector General of Registration, Department of Registration, Santhom High Road, Chennai – 9. 3.The Deputy Inspector General Of Registrar, Tirunelveli Range, Tirunelveli. 4.The District Registrar, District Registrar Office, Tenkasi. 5.The Chief Educational Officer, O/o. the Chief Educational Officer, Tenkasi, Tenkasi District. 6.The District Educational Officer (Secondary), O/o. the District Educational Officer, Tenkasi, Tenkasi District. 7.The District Educational Officer (Elementary), O/o. the District Educational Officer, Tenkasi, Tenkasi District. 8.The Block Educational Officer, O/o. Block Educational Officer, Sankarankovil, Tenkasi District. 6/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.28194 of 2024 L.VICTORIA GOWRI, J. Mrn W.P.(MD)No.28194 of 2024 30.01.2025 7/7 https://www.mhc.tn.gov.in/judis