V KANAGARAJ Vs. RAMASAMY

JUDGEMENT

(1.) THE Writ Appeal is preferred against the Order dated 10.04.2008 made in W.P.(MD)No.2494 of 2008, whereby the learned judge dismissed the writ petition and declined to issue writ of mandamus directing respondent Nos.2 and 3 to consider the appellant's representation dated 23.2.2008 and also declining to issue further directions.

(2.) THE 1st respondent Society was registered under the Societies Registration Act. The society is established for the benefit of Sithurajapuram Melur Kammavar Uravinmurai Naidus. K.K.S.Middle School is administered by the Society. There is a checkered history of litigations regarding the Society and the administration of the School. Earlier, regarding appointment of Headmaster of the School, differences arose between R.Vellaichamy, son of 1st respondent on one hand and R.Arjunan, teaching staff on the other hand, a writ petition came to be filed in W.P.No.14626 of 1997. As per the direction of the High Court, in the said Writ Petition, a selection Committee was ordered to be nominated among the existing members of the School Committee to resolve the dispute of the appointment of the Headmaster. According to the appellant, he was one of the member of the then School Committee and continued to be so.

(3.) THE learned single Judge held that the Writ Petition has been filed on 12.3.2008 and on that date the writ petitioners are not members of the School Committee and when they are not the members of the School Committee, writ petitioners have no right to file the present writ petition. The learned judge further held that writ of mandamus can be ordered only if writ petitioners show that they have a legal right in prosecuting the matter and since the petitioners are not the Committee members of the School in question they cannot maintain the writ petition and on those findings dismissed the writ petition.