LAKSHMI NURSERY AND PRIMARY SCHOOL Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) CHALLENGE in this writ petition is to the order in Rc.No.8455/A5/04, dated

(2.) 06.2009, of the District Elementary Educational Officer, Trichy, the fourth respondent herein, refusing to grant permission to the petitioner to run Lakshmi Nursery and Primary School in S.No.160/A, Ulunthangadu, Ariyamangalam Village, Trichy District, on the ground that the settlement deed, dated 06.12.1978, produced by the petitioner, is not registered. The District Elementary Educational Officer, Trichy, while refusing to grant permission to continue the school at the aforesaid address, has also stated that there were certain corrections on the left side of the first page of the settlement deed, besides, the legal heirs of the settlor, late R.Balasundaram Pillai have submitted a complaint regarding the settlement deed. 2. Assailing the correctness of the order and based on the averments made in the supporting affidavit, Mr.V.Meenakshi Sundaram, learned counsel for the petitioner submitted that the petitioner was a social worker and helping the poor, needy, underprivileged and downtrodden in pursuing education. He further submitted that Mr.R.Balasundaram Pillai of Trichy was a close associate of the petitioner's father-in-law. Having impressed with the service of the petitioner, he had executed a settlement deed, dated 06.12.1978, in respect of a vacant land measuring 23 cents in S.No.160-A, Ulunthangadu, Ariyamangalam Village, for the purpose of imparting education to poor children. Thereafter, the petitioner has put up a temporary construction for imparting education and subsequently, made a pucca construction, in which, the petitioner has started a Nursery and Primary School in 1985. After fulfilling all the conditions, recognition for the abovesaid school was also granted in the year 1993 by the Director of Elementary Education, Chennai. Periodical renewal has also been made.

(3.) IN the light of the above provisions, learned counsel for the petitioner further submitted that even assuming that the settlement deed is an unregistered one, the educational authorities have no jurisdiction to go into the aspect of title, unless the persons, who claims right or interest or title over the property, obtains an appropriate order or decree from the civil Court and till then, it is not open to the educational authorities to interfere with the running of the school, on the sole ground that the settlement deed is not registered.