Madras High Court
Mount View Advent Academy ... vs The District Collector on 11 April, 2014
Author: R.Subbiah
Bench: R.Subbiah
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.04.2014 CORAM THE HONOURABLE Mr.JUSTICE R.SUBBIAH W.P.No.14548 of 2013 and M.P.Nos.1 to 4 of 2013 Mount View Advent Academy Matriculation School, Rep. by its Administrative Secretary, Mrs.Prabhu Durai Arasu, Nagatheerthanam Pirivu, Kodimangalam Village, Madurai South Taluk, Madurai. ... Petitioner vs. 1.The District Collector, Madurai District, Madurai. 2.The Tahsildar, Madurai South Taluk, Madurai. 3.The Superintendent of Police, Madurai District, Madurai. 4.The Inspector of Police, Nagamalaipudukottai Police Station, Madurai, Madurai District. 5.Mr.J.James Peter Jesudhas, S/o.Jesudhas. 6.Mr.Yesurathinam ... Respondents Prayer Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondents 3 & 4 to register the case on the complaint dated 20.07.2013 against the respondents 5 & 6, to give suitable police protection to children, staff and the property and to run petitioner school namely Mount View Advent Academy Matriculation School situated at 1st floor of Sy.No.154/1, 153/4, 153/6A, Nagatheertham Pirivu, Kodimangalam Village, Madurai South Taluk, Madurai District peacefully vide petitioner's representation dated 06.08.2013. !For Petitioner : Mr.V.Raghavachari for Mr.D.Saravanan For Respondents : Mr.V.Pani, Govt. Advocate (For R1 to R4) Mrs.S.Vijayashanthi for Mr.Veerakathiravan (For R5 & R6) :ORDER
This writ petition has been filed praying for issuance of a writ of Mandamus directing the respondents 3 & 4 to register the case on the complaint dated 20.07.2013 against the respondents 5 & 6, to give suitable police protection to children, staff and the property and to run petitioner school namely Mount View Advent Academy Matriculation School situated at 1st floor of Sy.No.154/1, 153/4, 153/6A, Nagatheertham Pirivu, Kodimangalam Village, Madurai South Taluk, Madurai District peacefully.
2.In the affidavit filed in support of the writ petition it has been averred as follows:-
2(1)Mount View Advent Academy Trust was founded by Dr.N.Jacob, who is presently residing in USA. The said Trust was registered under Document No.1980 of 1995 in the Joint Sub-Registrar Office-IV, Madurai, on 06.10.1995. The Office of the said Trust is situated at Nagatheertham Road, Kodimangalam, Madurai. In the year 1997, a proposal dated 04.02.1997 was made to open a School in the name of Mount View Advent Academy Trust. The said application was made by 6th respondent in his capacity as Principal of the School. The 6th respondent's tenure as Principal has lasted till April,1999. Subsequently, the Director of Matriculation School, Chennai, has given permission to start the School vide his proceedings No.31147/4/1997, dated 06.10.1999. Thereafter, vide his proceedings K.D.IS.No.129742/E4/2001, dated 31.01.2001, the Director of Matriculation School has granted licence from Class I to Class VII. Thereafter, on application made by the Trust, the Director of Matriculation School has granted licence till Class X vide his proceedings K.DIS.No.7528/E4/2004, dated 29.05.2004. The licence was sought to be renewed by the application filed by the then Principal Mr.V.John, for the period from 01.06.2005 to 31.06.2006 from Class I to Class X. Thereafter, temporary licence was granted by the Director of Matriculation School, Chennai, vide his proceedings K.DIS.No.5093/E4/2005, dated 04.04.2006.
2(2)The said school is situated in the site measuring an extent of 3 acres 90 cents comprised in S.Nos.154/1, 153/4 & 153/6A. This land is owned by the Reach in India (Society). The said property was purchased in the name of this Society, of which Dr.N.Jacob was a member. Mount View Advent Academy Trust is the managing body of the school and the Managing Trustee Dr.N.Jacob was the Chief Architect of this school. The 5th respondent herein, who is the nephew of Dr.N.Jacob, was appointed as the Principal of the School in the year 2008. But, thereafter, the 5th respondent started conspiring with one Mr.Issac to take over the management of the school. He even approached the respondents 3 & 4 by making a false complaint against the school. The 5th respondent claimed to have subsequently founded a school under the similarly sounding name of Mount View Advent Academy Matriculation School. In the year 2009, the 5th respondent directed one Mr.Issac to apply for renewal of licence, as if he is correspondent of the school, which he had subsequently founded. Temporary licence was issued for the period 01.06.2006 to 31.05.2009 for the school Mount View Advent Academy Matriculation School, which the 5th respondent claimed to be his own school.
2(3)According to the petitioner, the 5th respondent, while serving as the Principal of the petitioner-school in the year 2008, had impressed upon Dr.N.Jacob to lease the property belonging to the Reach in India by pointing out that this would be necessary to meet the Government Regulations and procedural requirements for sustaining the licence which was issued in the name of the petitioner-school. Subsequently, a deed of lease dated 27.11.2008 with respect to the property comprised in S.Nos.153/4 & 153/6A in Nagatheertham & Kodimangalam Village was executed in favour of the petitioner-school, when the 5th respondent was acting as the Principal of the petitioner-school. Subsequently, the Managing Trustee came to know that the 5th respondent was misusing his position as the Principal of the petitioner-school by committing several illegalities, which included manipulation of accounts, misappropriation of funds, cheating, breach of trust. As a part of their plan, the 5th respondent formed a school with similarly phonetically sounding name viz., Mount View Advent Academy Matriculation School to camouflage their activities and intention. By making misrepresentation before the Educational Authorities that he is the correspondent of Mount View Advent Academy Matriculation School, the 5th respondent has obtained building licence No.986/2012 with Regn.No. K.Dis.17656/2011/E1 for ground floor of the building situated at Nagatheertham Cross Road No.1, Kodimangalam, Madurai South Taluk, Madurai District. In this regard, the petitioner has also filed a suit in O.S.No.77 of 2013 before the Court of Principal Subordinate Judge, Madurai, against the 5th respondent to restrain him from entering the school premises situated in the above said survey numbers and also to restrain the educational authorities from entertaining any application from the 5th respondent. The 5th respondent has come to the school campus along with the 6th respondent and rowdy elements several times and threatened the staff and students of the petitioner-school and taken away the books and laboratory materials from the petitioner-school. It is further stated that after summer vacation, as the school was reopened on 10.06.2013, the children, who are orphans, as usual, came from the hostel to the school to attend the class at about 9.00 am, at that time, they were prevented by the 5th respondent along with his rowdy elements from entering the school premises. The entrance gate of the school was also kept locked by the 5th respondent by removing the lock kept by the petitioner. Hence, the petitioner lodged complaints on 20.07.2013, 06.08.2013 & 24.08.2013 to the Police, but no action was taken. Now, the classes are being taken under the trees and due to heavy sun light, the children are not able to concentrate on their studies. Nearly 130 students, who are all orphans, are studying under the trees which is highly dangerous to the life and limbs of the children. Hence, the petitioner has filed the present writ petition for the relief as stated supra.
3.Pending the writ petition, the petitioner has also filed M.P.No.1 of 2013 for an interim direction directing the respondents 3 & 4 to recover the articles, library books, computer accessories from the respondents 5 & 6 and handover the same to the petitioner's school, pending disposal of the writ petition. Similarly, the petitioner has also filed M.P.No.2 of 2013 for an interim direction directing the respondents 2 to 4 to break open the lock in the 1st floor of Sy.No.154/1, 153/4, 153/6A, Nagatheertham Pirivu, Kodimangalam Village, Madurai South Taluk, Madurai District, of the building premises of the petitioner-school and to allow all the school children and staff to enter the class room, pending disposal of the writ petition.
4.When the matter came up for hearing on 30.08.2013, in the miscellaneous petitions this Court has given a direction to the Police to open the first floor premises and permit the petitioner to run the school and also to give police protection to the petitioner. The relevant portion of the interim order passed by this Court on 30.08.2013 runs as follows:-
"6.As it is admitted by the Police that the petitioner has been running the school and it has been subsequently closed by the respondents 5 and 6, it is appropriate to direct the respondent-Police to open the first floor premises and permit the petitioner to run the school and also give police protection to the petitioner. This order will not preclude the respondent in any way from proceeding against the offenders."
5.Thereafter, the 5th respondent has filed petitions in M.P.Nos.3 & 4 of 2013 seeking to vacate the interim direction passed by this Court on 30.08.2013 in M.P.Nos.1 & 2 of 2013.
6(1)In the affidavits filed in support of the Miscellaneous Petitions in M.P.Nos.3 & 4 of 2013, it is stated by the 5th respondent that he had purchased the lands in S.No.153/7A (80 cents), 154/2 (3 acres), 154/3A (65 cents) at Kodimangalam Village, in his wife's name viz., Mrs.Selin James, by virtue of registered sale deed dated 20.03.1992. He has started a school in the year 1992 in the name and style of Mount View Advent Academy Matriculation School in the said land. At that time, upto fifth standard was running in the above said school premises. In order to get recognition for the school, the 5th respondent formed a Trust in the name and style of Mount View Advent Academy Trust in the year 1995 by virtue of Trust Deed dated 06.10.1995 and Mr.Jacob, his maternal uncle, was nominated as a Managing Trustee of the said Trust. The 5th respondent has taken the land with building in S.No.153/4 and 153/6A measuring about 1 Acre 92 cents belongs to Reach in India (Society) for lease under a lease agreement from one Sargunam Jabaduraisac, one of the Director of Reach in India (Society) for a period of 10 years from 01.06.1997, since the middle school has been upgraded as matriculation school and hostel.
6(2)The 5th respondent has managed the said school upto 1999 as Correspondent-cum-Principal, without any adverse remarks. As he has to go to United States of America, the 5th respondent handed over the management of the school and hostel to the said Jacob in the year 1999. At that time, some bad elements had tried to take over the management and possession of the school from Jacob. Recognition for the school also was not renewed for the period from 2006 to 2008. The 5th respondent came to know that due to the poor administration of the said Jacob only, so many unwanted elements tried to take over the school and hostel premises. So, only at the instigation of the 5th respondent, the said Jacob had filed a writ petition before this Court in W.P.No.6996 of 2008 in the capacity of Managing Trustee and obtained an order of interim injunction as against such bad elements on 01.08.2008. Thereafter, the 5th respondent has taken possession and administration of the school and hostel in the year 2008 in order to save the life and future of the poor children studying in the school.
6(3)Because of the improper administration and financial maintenance by the said Jacob under Mount View Advent Academy Trust, a resolution has been passed to form a new Trust in the name and style of Mount View Advent Academy Matriculation School Trust under the management of the 5th respondent and accordingly, a Trust was formed on 15.09.2008, for the purpose of continuation of education to the students who studied in the Mount View Advent Academy Trust, without spoiling their future. Further, the Inspector of Matriculation Schools has sent a show cause notice during July, 2009 asking to give explanation for non-renewal of recognition of the school in the name of Mount View Advent Academy. So, the said Jacob co-operated with the Trust of the 5th respondent through lease deed dated 27.11.2008 and the 5th respondent got the renewal of recognition from the Matriculation Board. As soon as, the 5th respondent got renewal of recognition in the year 2010, the said Jacob started troubling the 5th respondent in running the school by seeking separate renewal of recognition for the school under the management of Mount View Advent Academy Trust. The said Jacob is in the habit of causing disturbances to the children and school, by admitting the new students in the school Mount View Advent Academy, which is not functioning. The Chief Educational Officer has also sent a letter to the 5th respondent by proceedings dated 07.12.2010 asking to close both the schools in three days. Then the so called Principal Duraipandi, in the letter pad of the said Jacob, has handed over the students, who joined in his school to the school run by the 5th respondent, by letter dated 13.12.2010. The 5th respondent filed a writ petition in W.P.No.14557/2010 before this Court challenging the proceedings of the Chief Educational Officer dated 07.1.2010 and in the said writ petition, an order of Status-quo was granted by this Court. By virtue of the order of status-quo, the 5th respondent continues to run the school. The said Jacob, at the inducement of some bad elements, caused disturbances to the 5th respondent in running the school and hostel in the above said premises.
6(4)Hence, the 5th respondent has filed a suit against the said Jacob in O.S.No.221/2010 before the Taluk Munsif Court, Madurai, seeking to restrain him from evicting the 5th respondent from the premises which belongs to Reach in India. Similarly, the petitioner-school has also filed a suit in O.S.No.77/2013 before the Subordinate Judge, Madurai, seeking for permanent injunction restraining the 5th respondent from causing disturbances to them in running the school under the Management of Mount View Advent Academy Trust in the premises which belongs to Reach in India (Society). Hence, according to the 5th respondent, when the dispute with regard to possession and running of school in the premises which belongs to Reach in India, is pending for adjudication before the Civil forum, the petitioner cannot seek remedy of police Protection and to break open the lock, and to hand over the articles, as if he is in possession and enjoyment of the premises by running the school under the management Mount View Advent Academy Trust. Hence, the writ petition is liable to be dismissed as not maintainable. Thus, the 5th respondent prays for vacating the interim direction granted by this Court on 30.08.2013 and also for dismissal of the writ petition.
7.When the matter came up for hearing on 23.10.2013, this Court has appointed one Mr.N.Balakrishnan, Advocate, as Advocate Commissioner, with a direction to him to inspect the school to find out whether the petitioner is also running a school in the first floor of the premises.
8.Accordingly, on inspection, the Advocate Commissioner filed a report stating that the petitioner is running the school in the first floor of the school building and similarly, the respondents 5 & 6 are also running their school in the ground floor of the same building. According to the respondents 5 & 6, the petitioner gained entry to the 1st floor of the school building only by virtue of the interim order of this Court passed in this writ petition. Whereas according to the petitioner, they were running the school in that premisses till April, 2013, but after summer holidays, when the school was reopened, they were denied entry by the respondents 5 & 6, which forced them to file the present writ petition.
9.From a reading of the report filed by the Advocate Commissioner, it is clear that the petitioner and respondents 5 & 6 are running their respective schools with their respective staff members and students in the same building. Now, the petitioner has come forward with the present writ petition seeking for a direction to the Police to give police protection.
10.The learned counsel for the petitioner by relying upon the judgment reported in (1989) 2 SCC 691 [Andi Mukt S.M.V.S.S.J.M.S. Trust Vs. V.R.Rudani], submitted that this Court can given a direction to the public authority to perform their public duty. In the instant case, considering the threat made by the respondents 5 & 6, this Court can direct the Police to give police protection to the school run by the petitioner. In support of his contentions, the learned counsel for the petitioner has also relied upon the judgment reported in (2006) 4 SCC 501 [P.R.Murlidharan Vs. Swami Dharmananda Theertha Padar].
11.Per contra, the learned counsel for the respondents 5 & 6 submitted that there is a dispute with regard to possession and running of the school in the land belonging to Reach in India (Society) between the petitioner and the respondents 5 & 6 and the suits filed by both parties are pending before the Civil forum. Under such circumstances, the petitioner-school cannot seek for police protection and to break open the lock, as if they are in possession and enjoyment of the premises belongs to the Reach in India (Society). In support of her contentions, the learned counsel for the respondents 5 & 6 has also relied upon the judgments reported in (2007)6 SCC 517 [Moran M.Baselios Marthoma Mathews II Vs. State of Kerala] and (2010)4 LW 318 [Rabiya Basheer Ali Vs. C.Devandra Prased]
12.Heard the learned counsel for the petitioner, learned Government Advocate appearing for the respondents 1 to 4 and the learned counsel appearing for the respondents 5 & 6 and perused the materials available on record.
13.It is the main contention of the learned counsel for the petitioner that since there is a threat from the respondents 5 & 6, a direction could be issued to the Police to give protection to run the school managed by the petitioner. It is no doubt, this Court is empowered to give a direction to the concerned public authorities to perform their official duty, if they failed to perform their official duties. But, such a direction could be given only based on the facts and circumstances of each case. In the instant case, admittedly, both the petitioner and the respondents 5 & 6 are running their school in the same premises. Both of them are claiming possession. According to the respondents 5 & 6, the petitioner has gained entry into the premises only after the interim order passed by this Court in this writ petition. But, according to the petitioner, they have been running the school from long back. The petitioner has filed a suit in O.S.No.77 of 2013 before the Subordinate Judge, Madurai against the 5th respondent. Similarly, the 5th respondent has filed a suit against the petitioner herein in O.S.No.221/2010 before the Taluk Munsif Court, Madurai. Therefore, the question with regard to the possession and running of the schools in the premises is pending before the Civil forum. When the dispute is pending before the Civil forum, this Court cannot give a direction the Police to give police protection to enable the petitioner to run the school. If such a direction is given, that will have a bearing in the proceedings pending before the Civil Court. In this regard, a reference could be placed in the judgment, which is relied upon by the learned counsel for the respondents 5 & 6 reported in (2007)6 SCC 517 [Moran M.Baselios Marthoma Mathews II Vs. State of Kerala], wherein it has been held that when disputed questions of title pertaining to properties are pending before the Civil Court, the writ Court under Article 226 of the Constitution cannot go into such disputed questions of fact, in the garb of grant of police protection to one or the other party.
14.In the light of the above said judgment, this Court is of the opinion that a direction can be given to public authorities to perform their official duties, in case they failed to do so. But, at the same time, if there is any disputed question between the parties with regard to their rights is pending before the Civil Court, this Court cannot give a direction to give Police protection to any one of the parties, because any finding made by this Court will have a bearing in the proceedings pending before the Civil Court.
15.In view of the foregoing reasons, this Court is of the view that the writ petition is liable to be dismissed and accordingly, the same is dismissed. Consequently, interim order dated 30.08.2013 granted by this Court is vacated. Connected Miscellaneous Petitions are closed. No costs.
ssv To
1.The District Collector, Madurai District, Madurai.
2.The Tahsildar, Madurai South Taluk, Madurai.
3.The Superintendent of Police, Madurai District, Madurai.
4.The Inspector of Police, Nagamalaipudukottai Police Station, Madurai, Madurai District.