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Sec.Ambalavanar Araporuppu Ayam vs K.Renuka . on 8 February, 2016

Bench: Pinaki Chandra Ghose, Amitava Roy

                                             IN THE SUPREME COURT OF INDIA
                                              CIVIL APPELLATE JURISDICTION

                             Civil Appeal No.968/2016
     (@Petition(s) for Special Leave to Appeal (C) No(s). 13055/2012)


     SEC.AMBALAVANAR ARAPORUPPU AYAM                                                    Appellant(s)


                                                             VERSUS


     K.RENUKA & ORS.                                                                    Respondent(s)

                                                             O R D E R

Leave granted.

We have heard Mr. V.V.S. Rao, learned Senior counsel appearing for the appellant and learned counsel appearing for the respondents.

The only question to be decided in this matter is, when under the statutory provision viz. Section 53-A of the Tamil Nadu Recognized Private Schools (Regulation) Act, 1973, a discretion has been given to the authority to decide, as to whether a dispute between the parties ought to be referred to a civil court, a writ court can issue a mandamus to such authority to refer the dispute to the civil court.

It has been argued before us by Mr. V.V.S. Rao, learned Senior counsel that a mandamus cannot be issued in the matter when the authority has a right under the above provision to decide as to whether the dispute ought to be referred to civil court.

After hearing the learned counsel for the parties, we modify the order passed by the High Court and remit the matter to authority concerned to take an appropriate decision in this regard, in terms of the above provision, after giving an opportunity of hearing to the parties.

Since the matter is pending since 2011, we request the concerned authority to hear the matter at an early date preferably, within a period of six months from today.

The Civil Appeal is disposed of in the afore-stated terms.

......................J (PINAKI CHANDRA GHOSE) ......................J (AMITAVA ROY) NEW DELHI;

8th FEBRUARY, 2016.

                                   -3-

ITEM NO.46                 COURT NO.11                  SECTION XII

                  S U P R E M E C O U R T O F     I N D I A
                          RECORD OF PROCEEDINGS

                      Civil Appeal No.968/2016

(@Petition(s) for Special Leave to Appeal (C) No(s). 13055/2012) (Arising out of impugned final judgment and order dated 09/02/2012 in WA No. 2392/2011 passed by the High Court of Madras) SEC.AMBALAVANAR ARAPORUPPU AYAM Petitioner(s) VERSUS K.RENUKA & ORS. Respondent(s) (With appln.(s) for exemption from filing O.T. and permission to place addl. documents on record) (For final disposal) Date: 08/02/2016 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE AMITAVA ROY For Petitioner(s) Mr. V.V.S. Rao, Sr. Adv.

Mrs. Vijayshree Pattnaik, Adv. Mr. Gautam Narayan,Adv. Mrs. G. Thillagavathy, Adv. Mr. Tishampati Sen, Adv. For Respondent(s) Mr. K. Rajendran, Adv.

Mr. Sarath, Adv.

Mr. Pukhrambam Ramesh Kumar,Adv.

UPON hearing the counsel the Court made the following O R D E R Leave granted.

The appeal is disposed of in terms of the signed order.

Pending applications filed in the matter are also disposed of.

    (VISHAL ANAND)                              (MADHU NARULA)
     COURT MASTER                                COURT MASTER

(Signed Order is placed on the file)