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2014 Supreme(Mad) 2815
Before the Madurai Bench of Madras High Court
S. NAGAMUTHU, J.
St. Joseph Primary School
Versus
The District Elementary Educational Officer & Another
W.P.(MD).No.7941 of 2012
Decided On: 27-08-2014
For the Petitioner:N. Dilip Kumar, Advocate.
For the Respondents: S. Kumar, Additional Govt. Pleader.
Change in Correspondent of a school affects representation in legal proceedings.
Headnote:
Correspondent - School Representation - The court held that since the former Correspondent of the school was no longer in that position, he could not represent the school in the case, and as the present Correspondent did not seek substitution, the writ petition was dismissed.
Fact of the Case:
The former Correspondent of the petitioner school was no longer in that position, and the present Correspondent did not seek substitution.
Finding of the Court:
The court found that the former Correspondent could not represent the school, and as the present Correspondent did not seek substitution, the writ petition was dismissed.
Issues: Representation of the school in a writ petition due to change in Correspondent.
Ratio Decidendi: Former Correspondent cannot represent the school, and if the present Correspondent does not seek substitution, the petition may be dismissed.
Final Decision: The writ petition and connected M.P.(md).Nos.1 to 3 of 2012 were dismissed.
1. When the writ petition is taken up for hearing, it is submitted by the learned Additional Government Pleader that Mr.Rev. Father.Mr.A.Vedamanickam is no more the Correspondent of the petitioner school namely St. Joseph Primary School, Samanayanallur, Madurai West Union Madurai District.
2. The learned counsel appearing for the petitioner Mr.N.Dilip Kumar would also state that Mr.Rev. Father Mr.A.Vedamanickam is no more the Correspondent. But the learned counsel Mr.N.Dilip Kumar would further submit that there is a civil suit pending in respect of the post of Correspondent.
3. In my considered opinion, since Rev.Father Mr.A.Vedamanickam is no more the Correspondent of the school, he cannot represent the school any more. Therefore, he is deleted from the array of parties.
4. Since the present Correspondent has not come forward with any petition seeking substitution to represent the school, this writ petition deserves to be dismissed. Accordingly, the same is dismissed. Consequently, connected M.P.(md).Nos.1 to 3 of 2012 are also dismissed. No costs.
