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2018 Supreme(Mad) 2990

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M.V. Muralidaran, J.
Ariyanayagipuram Hindu Nadar Uravinmurai Committee – Appellant
Vs.
S.M. Meeramohaideen – Respondent
Contempt Petition No. 873 of 2018, Writ Petition No. 11666 of 2018
Decided On : 12-10-2018

Advocates Appeared:
S. Louis, Adv., Murugan, Adv., Aayiram K Selvakumar, Adv.

Headnote:

Contempt of Courts Act, 1971 - Section 2(c) – Constitution Of India - Articles 129 and 215 - Article 32 - Article 226 - School – Election – Management Disputes - School, an aided private institution, is being managed by School Committee - Election to petitioner society was held way back, which gave rise to various civil suits and election disputes, which are said to be pending as on date - Due to management disputes, Hindu Nadar Uravinmurai Committee Higher Secondary School, was brought under direct payment - Approval was given to previous school committee, which took over Management of School - However, 3rd respondent in writ petition, viz., District Elementary Education Officer, District, on noticing that Form-VII submitted by previous Management was yet to be approved by District Registrar, passed an order, cancelling approval given to School Committee, which was alleged to have been elected - Challenging said cancellation of approval the then School Committee filed W.P – Held, Petitioner to move this Court by way of a writ challenging order of District Registrar cannot be granted and said request is liable to be rejected - However, this Court, while not granting any liberty to petitioner to move this Court under Article 226 of Constitution, makes it clear that it is open to petitioner to challenge rejection order of District Registrar in a manner known to law, if so advised - Coming back to contemptuous act committed by petitioner and its temerity to stand by its words rather than bowing down to mercy of this Court, on an overall consideration of entire matter, this Court is of considered opinion that while contempt petition is devoid of merits and liable to be dismissed, needless to state that suppression of facts, which are pertinent to case on hand, by petitioner warrants imposition of exemplary costs against petitioner, as such attitude, if left unpunished, unrepentable petitioner and persons alike, will make a mockery of justice by moving judicial forum wasting precious judicial time to detriment of most deserving litigants – Petition Dismissed.

JUDGMENT

M.V.Muralidaran, J.

This petition has been preferred by the petitioner praying this Court to punish the respondents for wilful disobedience in not complying with the order dated 30.05.2018, passed by this Court in W.P.(MD) No.11666 of 2018.

2. It is the case of the petitioner that this Court, vide order dated 30.05.2018, in the above writ petition, had directed the respondents in the writ petition to consider the Form-VII dated 11.5.2018, submitted by the petitioner society and the proposal dated 12.5.2018, and pass appropriate orders on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of the order. It is the case of the petitioner that the respondents have not complied with the said order, prompting the petitioner to file this contempt petition.

3. Though the petitioner pleads as above, the respondents counter the same by submitting that the order passed by this Court has been complied with, with due notice and intimation to the petitioner, as stipulated in the order and, therefore, the filing of the present contempt by the petitioner is nothing but an abuse of process of law, which has to be viewed very strictly with imposition of punishment/costs.

4. To appreciate the contentions advanced, it would be worthwhile to narrate the sequence of facts as stands unfolded from the writ petition till the present proceedings for contempt.

5. The School, an aided private institution, is being managed by the School Committee. The election to the petitioner society was held way back on 05.04.2015, which gave rise to various civil suits and election disputes, which are said to be pending as on date. Due to management disputes, the Hindu Nadar Uravinmurai Committee Higher Secondary School, Ariyanayagipuram, Kadayanallur was brought under direct payment on and from 11.02.2014. Approval was given to the previous school committee on 02.11.2015, which took over the Management of the School. However, the 3rd respondent in the writ petition, viz., The District Elementary Education Officer, Tirunelveli District, on noticing that the Form-VII submitted by the previous Management was yet to be approved by the District Registrar, passed an order dated 14.01.2016, cancelling the approval given to the School Committee, which was alleged to have been elected on 15.04.2015. Challenging the said cancellation of the approval the then School Committee filed W.P.(MD) No.1671 of 2016 in which this Court granted an order of injunction. Pursuant to the same, the 3rd respondent in the writ petition passed a subsequent order, dated 31.08.2016 restoring the order of approval granted to the School Committee on 02.11.2015. In the above backdrop, the School Committee continued to run the administration of the School. The term of office of the said school committee came to an end on 4.4.2018, whereupon, the general body meeting was alleged to have been convened on 02.05.2018; office-bearers were elected and the Executive Committee Meeting was also held on 10.05.2018. Consequent upon the said selection and meeting of the Executive Committee, Form-VII was submitted on 11.05.2018 to the 1st respondent enclosing the necessary documents for approval. The proposal for approval of the newly elected School committee dated 12.05.2018, has also been submitted to the respondents 2 and 3, which were said to be pending. In such a backdrop, the above writ petition was filed praying this Court for a direction on the respondents in the writ petition to approve the proposal.

6. In the above writ petition, this Court, after hearing the learned counsel for the parties, with the consent of the parties, passed the following order :-

"6. In view of the above facts and circumstances, without expressing any opinion on the claim made by the petitioner, the first respondent is directed to consider the Form-VII, dated 11.05.2018, submitted by the petitioner Society and the respondents 2 and 3 are directed to consider the proposal dated 12.05.20









































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