Sri Phirtin Thai Halalm v. The State of Tripura and Ors
WP(C)(PIL)/4/2025 · 2025-06-26
Biswajit Palit
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 967 (TRI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 967 (TRI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF TRIPURA AGARTALA
WP(C)(PIL) No.04 of 2025
Sri Phirtin Thai Halalm, S/O Naijir Lien Halam, Resident of Rang Rung Jamtal Bari A.D.C village, P.O. Rang Rung, P.S. Kailashahar, District-Unakoti, Tripura Pin-799277. .........Petitioner(s); Versus
1. The State of Tripura represented by the Chief Secretary, Government of Tripura, New Secretariat Building, P.O. Kunjaban, P.S. N.C.C, District-West Tripura
2. The Principal Secretary, Department of GA (AR), Government of Tripura, New Secretariat Building, P.O. Kunjaban, P.S. N.C.C, District-West Tripura
3. The Principal Secretary, Department of Revenue, Government of Tripura, New Secretariat Building, P.O. Kunjaban, P.S. N.C.C, District-West Tripura
4. The Secretary, Ministry of Social Empowerment, Government of India, New Delhi.
5. The District Magistrate & Collector, Unakoti District, Kailashahar, Tripura State
6. The Director, Department of Social Welfare & Social Education, Government of Tripura, Agartala.
7. The Registrar, Co-operative Societies, Government of Tripura, Agartala, Tripura, West
8. Sri Pradip Sarkar, The Sub-Divisional Magistrate, Kailashahar, District- Unakoti, Tripura
9. Sri Naba Kumar Jamatia, Additional Sub-Divisional Magistrate, Kailashahar, District-Unakoti, Tripura.
10. Sri Biswajit Das, Deputy Collector Magistrate, District- Unakoti, Tripura
11. Sri Vidyasagar Debbarma, District Inspector of School Education, Unakoti District, Tripura .........Respondent(s) For Petitioner(s)
: Mr. Anjan Kanti Pal, Advocate,
Mr. Tushar Kanti Bhattacharyya, Advocate.
For Respondent(s) : Mr. Dipankar Sarma, Addl. G.A.
HON’BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH HON’BLE MR. JUSTICE BISWAJIT PALIT
Order
26/06/2025
The instant writ petition has been filed in the nature of a public interest litigation by a person who claims himself to be a social activist. He is concerned with the interest of the residential students as well as parents of the North Tripura Deaf and Dumb School, Kailashahar. He has alleged that
respondent No.8, who is the Sub-Divisional Magistrate, Kailashahar, has illegally replaced the School Management Committee (SMC). The school is governed as per its bye-laws and registered under the Societies Registration Act, 1860. Petitioner has also laid challenge to the resolution dated 05.10.2024 whereby the management committee has been reconstituted with 17 members. Respondent No.8 is the ex-officio President of the Society.
The affidavit sworn in support of the writ petition by the petitioner however creates doubt as to his locus standi. At one place, he states that he is the petitioner above named; at the same time he states that the petitioner is a society/company with its registered office at Kailashahar and vide resolution passed in the meeting of the Board of Directors/General Body/Executive Committee of the petitioner, he has been authorized to institute and sign this petition.
Such affidavit cannot be entertained. The complete bye-laws of the Society is also not annexed. There are other issues concerning the maintainability of the public interest litigation. Therefore, after some
arguments, learned counsel for the petitioner seeks permission to withdraw this PIL.
Accordingly, the instant public interest litigation is dismissed as withdrawn.
(BISWAJIT PALIT), J (APARESH KUMAR SINGH), CJ
Pijush/ MUNNA SAHA Digitally signed by MUNNA SAHA Date: 2025.06.27 11:57:25 +05'30'