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High Court of Judicature at Madras
S.S. SUBRAMANI
N.K.T. National Girls Higher Secondary School rep. by its Secretary School Committee Mrs.Mano Bakthavatsalam
Versus
The Government of Tamil Nadu & Others
W.P.No. 10525 of 1998
Decided On : 28-08-1998
Writ petition seeking issuance of writ of mandamus, directing respondents 1 to 5 to forbear the respondents 6 to 12 or their agents, servants or men from inviting applications for admission to the petitioner-School, and respondents 13 and 14 from admitting students to the petitioner-School and also forbear the respondents 6 to 12 from appointing or dismissing teaching or non-teaching staff in the petitioner-School, 13th respondent-College and 14th respondent-Boys High School. The court held that the petitioner is entitled to the relief sought for and allowed the writ petition with costs.
Fact of the Case:
The petitioner, a society registered under the Societies Registration Act, established three educational institutions, namely, N.K.Thirumalachariar National Boys’ High School, N.K.Thirumalachariar National Girls’ Higher Secondary School, and National College of Education for Women. The affairs of the society were managed smoothly until N.S.Viswanathan, the Headmaster of N.K.Thirumalachariar National Boys’ High School, became the Secretary of the society in 1976. Viswanathan allegedly conducted the affairs of the society in a manner detrimental to its interests, leading to allegations of financial irregularities and abuse of school premises. In 1992, the society expelled Viswanathan as Secretary and elected a new Governing Body. Viswanathan filed several lawsuits challenging his removal and seeking to regain control of the society and its institutions. The petitioner society also filed suits to restrain Viswanathan and his associates from interfering with the society’s affairs. During the pendency of these legal proceedings, Viswanathan died in 1998.
Finding of the Court:
The court found that Viswanathan had been removed as Secretary of the society in 1992 and that the society had elected a new Governing Body. The court also found that Viswanathan had filed several lawsuits challenging his removal and seeking to regain control of the society and its institutions, but that these lawsuits had been unsuccessful. The court further found that the petitioner society had also filed suits to restrain Viswanathan and his associates from interfering with the society’s affairs and that these suits had been successful. The court concluded that the petitioner society was entitled to the relief sought for and allowed the writ petition with costs.
Issues: 1. Whether Viswanathan was validly removed as Secretary of the society in 1992? 2. Whether the society was entitled to elect a new Governing Body after Viswanathan’s removal? 3. Whether Viswanathan’s lawsuits challenging his removal and seeking to regain control of the society and its institutions were successful? 4. Whether the society’s suits to restrain Viswanathan and his associates from interfering with the society’s affairs were successful?
Ratio Decidendi: The court held that Viswanathan had been validly removed as Secretary of the society in 1992 and that the society had elected a new Governing Body. The court also found that Viswanathan’s lawsuits challenging his removal and seeking to regain control of the society and its institutions had been unsuccessful. The court further found that the petitioner society had also filed suits to restrain Viswanathan and his associates from interfering with the society’s affairs and that these suits had been successful. The court concluded that the petitioner society was entitled to the relief sought for and allowed the writ petition with costs.
Final Decision: The writ petition was allowed with costs.
1. Petitioner seeks issuance of writ of mandamus, directing respondents 1 to 5 to forbear the respondents 6 to 12 or their agents, servants or men from inviting applications for admission to the petitioner-School, and respondents 13 and 14 from admitting students to the petitioner-School and also forbear the respondents 6 to 12 from appointing or dismissing teaching or non-teaching staff in the petitioner-School, 13th respondent-College and 14th respondent-Boys High School.
2. 15th respondent is a Society registered under the Societies Registration Act. The same was founded by Shri N.K.Thirumalachariar, a leading Member of this Bar. Shri C.R.Pattabiraman, a doyen of the Bar was also one of the Founders of the Society. The Society was formed with the object of establishing educational, cultural, artistic and welfare institutions, and managing N.K.Thirumalachariar National Boys’ High School Triplicane and N.K.Thirumalachariar National Girls’ Higher Secondary School, Triplicane. In course of time, the Society established the National College of Education for Women and the Society has been administering all these three educational institutions well. These institutions have been catering to the lower and middle class residents in and around Triplicane. The Society admits patrons, life members, honorary members and ordinary members. It has framed its own bye-laws and regulations which were revised and amended in 1992 in order to bring it in consonance with the Tamil Nadu Societies Registration Act, 1975 and the rules framed thereunder.
3. It is said that all the three educational institutions established by 15th respondent were functioning smoothly and efficiently. One N.S.Viswanathan, father of respondents 6 to 8 and grandfather of 9th respondent, was the Headmaster of N.K.Thirumalachariar National Boys’ High School and he retired in 1971. As Headmaster, he had very close association with the members of the Society and the members reposed absolute confidence in him. In view of this, he was admitted as a Member of the Society after his retirement. In 1976, he became the Secretary of the Society. He was able to influence the affairs of the Society as he had the academic qualification of being the Headmaster of the School.
4. In 1992, it came to the notice of the Society that N.S.Viswanathan was conducting the affairs of the Society in a manner which was detrimental to the interests of the Society. Even the school premises and other amenities were grossly abused, and these aspects were aired in the general body meetings. The members of the Governing Body expressed their feelings openly because they genuinely felt that an educational institution, being Temple of Learning, should not be converted into a den for acts of indiscipline and corruption. It is further said that the 6th respondent, who is the son of N.S.Viswanathan was allowed to use the school for advertising sorts of medical treatments of dubious nature.
5. On 16.8.1992, the Governing Body met and granted an opportunity to N.S.Viswanathan to mend his ways. But, instead of mending his ways, he fabricated false minutes of the meeting held on 16.8.1992. But the same was immediately detected and corrected by the President. The annual general body was to be convened on 6.2.1993, but the same could not be proceeded with as Viswanathan failed to turn up for the meeting and also did not deliver the account books and other records. The meeting was, therefore, adjourned to 6.3.1993, and on the same day, an extraordinary general meeting was scheduled to be convened to elect the office-bearers as the term of previous office-bearers had expired long before Viswanathan attended the meeting on 6.3.1993 and he was not elected as office-bearer. It is thereafter litigations after litigations began. The present 10th respondent was the counsel for Mr.Viswanathan. Through 10th respondent, Viswanathan filed O.S.No.2038 of 1993, on th file of City Civil Court, Madras and obtained an ex par
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