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2009 Supreme(Mad) 699
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE K. CHANDRU
St.Joseph's Charity Trust, rep. by its Chairman J. Nagakesari & Others
Versus
State of Tamil Nadu, rep.by its Secretary, Education Department & Others
W.P.Nos.13003 of 1999 and 1525 of 2006 and S.A.Nos.609 and 630 of 2005 and connected MPs.
Decided on : 11-03-2009
For the Petitioner:S.Parthasarathy, SC for J. Ramakrishnan, S. Jaganathan and K. Thangavelu, Advocate.
For the Respondent:R1 to R11, Suresh, GA (Edn.) J. Saravanakumar, R2, R. Elango, R3 to R10, S.V. Jayaraman, SC for Mrs. G. Thilagavathi, R3 & R4, N. Damodaran, R1 & R2, Sekar, Advocates.
The central legal point established in the judgment is the impact of ownership disputes on school permissions and the application of the limitation period and Order 2 Rule 2 of the CPC in specific performance suits.
Headnote:
Land Dispute - School Permission - [Limitation Act, 1963 - Section 64], [Specific Relief Act, 1963 - Section 16], [Civil Procedure Code, 1908 - Order 2 Rule 2] - The court discussed the ownership dispute over the land where the school was situated and its impact on granting permission to run the school. It also considered the limitation period for filing a suit for specific performance and the applicability of Order 2 Rule 2 of the CPC in the context of the case.
Fact of the Case:
The case involved disputes related to the ownership of land for running a school, seeking permission to cut off electricity connection, and two second appeals related to the ownership of the land.
Finding of the Court:
The court found that the ownership dispute over the land impacted the permission to run the school and the request to cut off electricity connection. It also held that the second suit for specific performance was barred by limitation and Order 2 Rule 2 of the CPC.
Issues: Ownership dispute over the land, permission to run the school, limitation period for specific performance suit, and applicability of Order 2 Rule 2 of the CPC.
Ratio Decidendi: The court's decision was influenced by the impact of the ownership dispute on school permission, the limitation period for specific performance suits, and the applicability of Order 2 Rule 2 of the CPC.
Final Decision: The second appeals were dismissed with costs, the first writ petition was dismissed, and the second writ petition was disposed of with directions to the TNEB authorities.
These two writ petitions and the two second appeals were specially ordered to be posted before this Court by the orders of the Honble Chief Justice dated 210. 2008.
2. In W.P.No.13003 of 1999, the petitioner is the St.Josephs Charity Trust represented by its Chairman running a school in the name of St.Josephs Matriculation School. The challenge in the said writ petition was to the order dated 07. 1999 passed by the second respondent - Director of School Education in refusing to reconsider their earlier decision in granting permission to start classes from I to VIII in St.Josephs Matriculation School. This was on the ground that the dispute over the land in which the school was situated had not reached its finality and, therefore, the cancellation of permission will continue to be in force. The writ petition was admitted on 09. 1999. Pending the writ petition, an interim-stay was granted which was subsequently extended from time to time.
3. W.P.No.1525 of 2006 was filed by K. Deivasagayam (since deceased) seeking for a prayer to the Tamil Nadu Electricity Board to suspend the electricity connection given to respondents 3 and 4 in their premises at No.8, First Street, Teachers Guild Colony, Chennai-99, situated in Survey No.181/4, 193/2B, 193/4 at No.71, Konnur Village, Perambur- Purasawalkam Taluk, Chennai. This writ petition was admitted on 03. 2006. This was primarily filed on the ground that the petitioner in the writ petition was the owner of the premises of the land and the respondents therein are running the school without the consent of the owner. However, the prayer for interim relief was rejected by this Court by an order dated 03. 2006. It was held that unless the petitioner succeeds, his prayer cannot be granted. Further, it was stated that such disconnection of electricity will affect the running of the school and that the second appeals over the ownership of the land are pending before this Court.
4. On notice from this Court, a counter affidavit has been filed by the contesting respondents in the writ petition. Since the writ petitioner in W.P.No.1525 of 2006 K.Deivasagayam died, his legal representatives have been brought on record.
5. The petitioner in W.P.No.13003 of 1999 also filed a suit in O.S.No.11165 of 1992 before the V Assistant City Civil Judge, Chennai to restrain the defendants in the suit that the defendants and their agents should not interfere with the peaceful enjoyment of the suit property.
6. Subsequently, another suit in O.S.No.11546 of 1996 was also filed by the same petitioner seeking for specific performance directing the defendants to accept Rs.1.5 lakhs and to direct the first defendant to execute a sale deed, failing which, the Civil Court should direct the registration of the sale deed.
7. These suits were tried by the trial Court and were decreed in favour of the plaintiff (the petitioner in the first writ petition) by a judgment and decree dated 29. 2000. As against the said judgment and decree, K.Deivasagayam filed two appeals being A.S.No.242 of 2002 and A.S.No.243 of 2002 which were finally heard by the Fast Track Court – V, Chennai. The lower Appellate Court allowed both the appeals together with costs. It is as against these two orders of the lower appellate Court, the two Second Appeals have been filed. The Second Appeals were admitted on 26. 2005 and an interim injunction was also granted by this Court.
8. It was agreed by the learned counsel for both sides that the disposal of the two Second Appeals will also determine the outcome of the two writ petitions referred to above.
9. Mr.S.Parthasarathy, learned Senior Counsel appearing for the appellant submitted that one M/s.Dulsi Kesari started a Charitable Trust pursuant to a Trust Deed dated 25. 1992 which was registered as Document No.564 of 1992. The Founder of the Trust formed a School Committee with Jayaseelan Naga Kesari as the Chairman, Edward Sam as its Secretary and A.C.Benjamin (second defendant) as its Trea
