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2002 Supreme(Mad) 235

A.K.RAJAN, N.V.BALASUBRAMANIAN
Sri Kasi Mutt, Educational Agency of Sri Kumaragurubara Swamigal Arts College, Srivaikuntam and Sri Kasivasi Swaminatha Swamigal Arts College, Tirupanandal represented by its President, Srilasri Kasivasi Muthukumaraswamy Thambiran Swamigal – Appellant
Versus
The Commissioner of Collegiate Education, Chennai and others – Respondent


Advocates:
G.Subramaniam, Senior Counsel, for N.Paul Vasanthakumar, for Appellant.
V.R.Rajasekaran, Special Government Pleader (Education), for Respondent Nos.1 to 3.
K.Chandru, Senior Counsel, for Muthupandian, for Respondent No.4.

JUDGMENT: This appeal is directed against the judgment rendered in W.P. No.15624 of 1995 dated 14.11.1996. The writ petitioner who was unsuccessful in the writ petition is the appellant herein and the parties are hereinafter referred to as arrayed in the writ petition.

2. The writ petition was filed for the issue of a writ of certiorarified mandamus to quash the order of the first respondent dated 26.10.1996 passed in proceedings Na.Ka.No. 39361/GII/95 and to direct the first respondent to approve the resolution of the management dated 11.7.1995 with effect from 15.7.1995.

3. The writ petitioner is Sri Kasi Mutt and the case of the petitioner is that it is an educational agency for two colleges, viz., Sri Kumaragurubara Swamigal and Sri Kasi Vasi Swaminatha Swamigal Arts Colleges, Srivaikundam and Tirupanandal respectively. The case of the appellant/ petitioner is that the petitioner institution is a Saivite religious denominational minority institution within the meaning of Art.30(1) of the Constitution of India. In the petition there is a reference to the suit filed in O.S. No.348 of 1983 on the file of the District Munsif’s Court, Kumbakonam which was later transferred to the Su




















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