ourt, in a catena of judgments, namely, i) Guruvayoor Devaswom Managing Committee v. C.K.Rajan, reported in

W.P.No.21200 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 29.07.2024CORAM:THE HON'BLE MR.D.KRISHNAKUMARACTING CHIEF JUSTICEANDTHE HON'BLE MR.JUSTICE K.KUMARESH BABUW.P.No.21200 of 2024 andW.M.P.Nos.23151 to 23154 of 20241.The National Reform Movement (Regd.)Rep. by President Mr.Jayaseelan Gopalakrishnan (50) &Secretary Mr.Kamatchi Shanker Arumugam (39)20/4, SCCB Colony 3rd Street, Mahendrapuri,Salem-636 008.Email: [email protected], [email protected] Phone:924440003, 87540003132.Mr.Ragupathi Subramanian (53) ... Petitioners-vs-1.Tamil Nadu State,Rep. by the Principal Secretary to Government,School Education Department, Secretariat,Chennai-600 009.Email:[email protected] of School Education,DPI Complex, College Road,Chennai-600 006.Email: [email protected]/8 https://www.mhc.tn.gov.in/judis W.P.No.21200 of 20243.Chief Educational Officer of Salem,Salem District Collector Office Campus,Salem-636 001.Email: [email protected], [email protected] General of Registration,100, Santhome High Road, Pattinapakkam,Chennai-600 028.Email: [email protected], [email protected] Registrar (Salem West),Salem District Collector Office Campus,Salem-636 001.Email:[email protected] District Collector,Salem District Collector Office Campus,Salem-636 001.Email: [email protected],Omalur Taluk, Salem District-636 455Email: [email protected] of Police Salem,Sankari Main Road, Nethimedu,Salem-636 002.Email: [email protected] ... RespondentsPrayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to declare null and void the sale registrations of “Velasamy Chettiar Secondary Padasalai” School Properties, bearing Doc.Nos.911/2006, 912/2006, 913/2006, 914/2006, 915/2006 dated 29.03.2006 and subsequent sale registrations, which are registered by the District Registrar of Salem West. Further Direct the 2/8 https://www.mhc.tn.gov.in/judis W.P.No.21200 of 2024respondents to restrict the alienation of all the immovable properties of private schools in Tamil Nadu by encumber as School Properties, and allowing alienation only in compliance with Tamil Nadu Recognised Private Schools (Regulation) Act and Rules.For Petitioners:Mr.Jayaseelan GopalakrishnanParty-in-PersonFor R1 to R7:Mr.Edwin PrabhakarState Govt. PleaderFor R8:Mr.R.MuniyapparajAddl. Public Prosecutor*****O R D E R(By the Hon'ble Acting Chief Justice)This Writ Petition has been filed, seeking to declare the sale registrations of School Properties of “Velasamy Chettiar Secondary Padasalai” bearing Doc.Nos.911/2006, 912/2006, 913/2006, 914/2006, 915/2006 dated 29.03.2006 as null and void and the subsequent sale registrations, which are registered by the District Registrar of Salem West, with further direction to restrict the alienation of all the immovable properties of private schools in Tamil Nadu by encumbering as School Properties and allowing alienation only in compliance with Tamil Nadu Recognised Private Schools (Regulation) Act and Rules.2. Mr.Edwin Prabhakar, learned State Government Pleader takes notice for R1 to R7. Mr.R.Muniyapparaj, learned Additional Public Prosecutor takes notice for 3/8 https://www.mhc.tn.gov.in/judis W.P.No.21200 of 2024R8. By consent, the Writ Petition itself is taken up for final disposal at the stage of admission.3. It is the case of the petitioner-in-person that the sale effected through Doc.Nos.911/2006, 912/2006, 913/2006, 914/2006, 915/2006 dated 29.03.2006 in respect of school properties belonging to Velasamy Chettiar Secondary Padasalai, being in violation of the order of R2, was contrary to the Trust Deed Doc.No.1346 of 1918 dated 30.10.1918, Will and Supplementary Trust Deed No.15/1918 dated 30.10.1918, The Indian Trust Act, 1882 and other relevant Acts and Rules made thereunder. The order of R2 denying to sell the properties was concealed by the Trustees of the School, while obtaining orders from the Court of The Principal Subordinate Judge, Salem. It is further case of the petitioner-in-person that based on the memo filed by the defendants on 27.02.2006 in the suit, expressing no objection, the suit was decreed without costs on 17.03.2006. He also drew the attention of this Court the provisions of Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 to state that no property of a private school shall except with the previous permission in writing of the competent authority, be transferred by way of sale, exchange, mortgage, charge, pledge, lease, gift or any other manner whatsoever under Section 31 of the said Act. The Trustees have fraudulently concealed the facts to the Court and obtained the decree and thus, the sale 4/8 https://www.mhc.tn.gov.in/judis W.P.No.21200 of 2024of school properties is unlawful and to be declared as null and void, as the Trustees have breached the trust and have illegally sold the school properties.4. On going through the entire facts and documents annexed in support of this petition, it is seen that the petitioner is a resident of Salem. He has not furnished correct particulars to establish that the decree and judgment was obtained by way of collusion and concealment. It is literally not known to this Court as to why the petitioner-in-person, after a lapse of more than 18 years of transfer of properties, has been making hue and cry by filing a petition under the guise of PIL. Though he had stated that he was aware of such sale only last year, the said submission is not appealing to this Court and the petitioner-in-person has filed the instant writ petition in a hasty manner, which has resulted in non-furnishing of sufficient materials to strengthen the case. 5. The Apex Court, in a catena of judgments, namely, i) Guruvayoor Devaswom Managing Committee vs. C.K.Rajan, reported in (2003) 7 SCC 546; ii) Ashok Kumar Pandey vs. State of West Bengal and others, reported in (2004) 3 SCC 349; iii) Neetu vs. State of Punjab, reported in (2007) 1 SCC 614 and iv) State of M.P. vs. Narmada Bachao Andolan, reported in (2011) 7 SCC 639, discussed the genesis of 5/8 https://www.mhc.tn.gov.in/judis W.P.No.21200 of 2024the Public Interest Litigation and held that where a segment of public is not interested in the cause, public interest litigation would not ordinarily be entertained. Following the judgments of the Supreme Court, a Division Bench of this Court in W.P(MD)No.1231 of 2016 decided on 11.01.2024, in which one of us (ACJ) was a member, refused to entertain the petition filed under the guise of PIL, without following the parameters laid down by the Supreme Court in the afore-stated cases. 6. In fine, finding no merit or substance in the petition, we are not inclined to entertain the petition. Accordingly, this Writ Petition is dismissed with costs of Rs.20,000/- (Rupees Twenty Thousand only) payable to the District Legal Services Authority, Salem, within a period of two weeks from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petitions are closed. [D.K.K.,ACJ.] [K.B.,J.] 29.07.2024 Index: Yes / NoInternet: Yes / NoSpeaking Order/Non Speaking Orderar6/8 https://www.mhc.tn.gov.in/judis W.P.No.21200 of 2024To:1.The Principal Secretary to Government,Government of Tamil Nadu,School Education Department, Secretariat,Chennai-600 009.2.The Director of School Education,DPI Complex, College Road,Chennai-600 006.3.The Chief Educational Officer,Salem District Collector Office Campus,Salem-636 001.4.The Inspector General of Registration,100, Santhome High Road, Pattinapakkam,Chennai-600 028.5.The District Registrar (Salem West),Salem District Collector Office Campus,Salem-636 001.6.The District Collector,Salem District, Salem-636 001.7.The Tahsildar,Omalur Taluk, Salem District-636 455.8.The Superintendent of Police,Sankari Main Road, Nethimedu,Salem-636 002.7/8 https://www.mhc.tn.gov.in/judis W.P.No.21200 of 2024HON'BLE ACTING CHIEF JUSTICEANDK.KUMARESH BABU,J.,arW.P.No.21200 of 202429.07.20248/8

W.P.No.21200 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 29.07.2024CORAM:THE HON'BLE MR.D.KRISHNAKUMARACTING CHIEF JUSTICEANDTHE HON'BLE MR.JUSTICE K.KUMARESH BABUW.P.No.21200 of 2024 andW.M.P.Nos.23151 to 23154 of 20241.The National Reform Movement (Regd.)Rep. by President Mr.Jayaseelan Gopalakrishnan (50) &Secretary Mr.Kamatchi Shanker Arumugam (39)20/4, SCCB Colony 3rd Street, Mahendrapuri,Salem-636 008.Email: [email protected], [email protected] Phone:924440003, 87540003132.Mr.Ragupathi Subramanian (53) ... Petitioners-vs-1.Tamil Nadu State,Rep. by the Principal Secretary to Government,School Education Department, Secretariat,Chennai-600 009.Email:[email protected] of School Education,DPI Complex, College Road,Chennai-600 006.Email: [email protected]/8 https://www.mhc.tn.gov.in/judis W.P.No.21200 of 20243.Chief Educational Officer of Salem,Salem District Collector Office Campus,Salem-636 001.Email: [email protected], [email protected] General of Registration,100, Santhome High Road, Pattinapakkam,Chennai-600 028.Email: [email protected], [email protected] Registrar (Salem West),Salem District Collector Office Campus,Salem-636 001.Email:[email protected] District Collector,Salem District Collector Office Campus,Salem-636 001.Email: [email protected],Omalur Taluk, Salem District-636 455Email: [email protected] of Police Salem,Sankari Main Road, Nethimedu,Salem-636 002.Email: [email protected] ... RespondentsPrayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus to declare null and void the sale registrations of “Velasamy Chettiar Secondary Padasalai” School Properties, bearing Doc.Nos.911/2006, 912/2006, 913/2006, 914/2006, 915/2006 dated 29.03.2006 and subsequent sale registrations, which are registered by the District Registrar of Salem West. Further Direct the 2/8 https://www.mhc.tn.gov.in/judis W.P.No.21200 of 2024respondents to restrict the alienation of all the immovable properties of private schools in Tamil Nadu by encumber as School Properties, and allowing alienation only in compliance with Tamil Nadu Recognised Private Schools (Regulation) Act and Rules.For Petitioners:Mr.Jayaseelan GopalakrishnanParty-in-PersonFor R1 to R7:Mr.Edwin PrabhakarState Govt. PleaderFor R8:Mr.R.MuniyapparajAddl. Public Prosecutor*****O R D E R(By the Hon'ble Acting Chief Justice)This Writ Petition has been filed, seeking to declare the sale registrations of School Properties of “Velasamy Chettiar Secondary Padasalai” bearing Doc.Nos.911/2006, 912/2006, 913/2006, 914/2006, 915/2006 dated 29.03.2006 as null and void and the subsequent sale registrations, which are registered by the District Registrar of Salem West, with further direction to restrict the alienation of all the immovable properties of private schools in Tamil Nadu by encumbering as School Properties and allowing alienation only in compliance with Tamil Nadu Recognised Private Schools (Regulation) Act and Rules.2. Mr.Edwin Prabhakar, learned State Government Pleader takes notice for R1 to R7. Mr.R.Muniyapparaj, learned Additional Public Prosecutor takes notice for 3/8 https://www.mhc.tn.gov.in/judis W.P.No.21200 of 2024R8. By consent, the Writ Petition itself is taken up for final disposal at the stage of admission.3. It is the case of the petitioner-in-person that the sale effected through Doc.Nos.911/2006, 912/2006, 913/2006, 914/2006, 915/2006 dated 29.03.2006 in respect of school properties belonging to Velasamy Chettiar Secondary Padasalai, being in violation of the order of R2, was contrary to the Trust Deed Doc.No.1346 of 1918 dated 30.10.1918, Will and Supplementary Trust Deed No.15/1918 dated 30.10.1918, The Indian Trust Act, 1882 and other relevant Acts and Rules made thereunder. The order of R2 denying to sell the properties was concealed by the Trustees of the School, while obtaining orders from the Court of The Principal Subordinate Judge, Salem. It is further case of the petitioner-in-person that based on the memo filed by the defendants on 27.02.2006 in the suit, expressing no objection, the suit was decreed without costs on 17.03.2006. He also drew the attention of this Court the provisions of Tamil Nadu Recognised Private Schools (Regulation) Act, 1973 to state that no property of a private school shall except with the previous permission in writing of the competent authority, be transferred by way of sale, exchange, mortgage, charge, pledge, lease, gift or any other manner whatsoever under Section 31 of the said Act. The Trustees have fraudulently concealed the facts to the Court and obtained the decree and thus, the sale 4/8 https://www.mhc.tn.gov.in/judis W.P.No.21200 of 2024of school properties is unlawful and to be declared as null and void, as the Trustees have breached the trust and have illegally sold the school properties.4. On going through the entire facts and documents annexed in support of this petition, it is seen that the petitioner is a resident of Salem. He has not furnished correct particulars to establish that the decree and judgment was obtained by way of collusion and concealment. It is literally not known to this Court as to why the petitioner-in-person, after a lapse of more than 18 years of transfer of properties, has been making hue and cry by filing a petition under the guise of PIL. Though he had stated that he was aware of such sale only last year, the said submission is not appealing to this Court and the petitioner-in-person has filed the instant writ petition in a hasty manner, which has resulted in non-furnishing of sufficient materials to strengthen the case. 5. The Apex Court, in a catena of judgments, namely, i) Guruvayoor Devaswom Managing Committee vs. C.K.Rajan, reported in (2003) 7 SCC 546; ii) Ashok Kumar Pandey vs. State of West Bengal and others, reported in (2004) 3 SCC 349; iii) Neetu vs. State of Punjab, reported in (2007) 1 SCC 614 and iv) State of M.P. vs. Narmada Bachao Andolan, reported in (2011) 7 SCC 639, discussed the genesis of 5/8 https://www.mhc.tn.gov.in/judis W.P.No.21200 of 2024the Public Interest Litigation and held that where a segment of public is not interested in the cause, public interest litigation would not ordinarily be entertained. Following the judgments of the Supreme Court, a Division Bench of this Court in W.P(MD)No.1231 of 2016 decided on 11.01.2024, in which one of us (ACJ) was a member, refused to entertain the petition filed under the guise of PIL, without following the parameters laid down by the Supreme Court in the afore-stated cases. 6. In fine, finding no merit or substance in the petition, we are not inclined to entertain the petition. Accordingly, this Writ Petition is dismissed with costs of Rs.20,000/- (Rupees Twenty Thousand only) payable to the District Legal Services Authority, Salem, within a period of two weeks from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petitions are closed. [D.K.K.,ACJ.] [K.B.,J.] 29.07.2024 Index: Yes / NoInternet: Yes / NoSpeaking Order/Non Speaking Orderar6/8 https://www.mhc.tn.gov.in/judis W.P.No.21200 of 2024To:1.The Principal Secretary to Government,Government of Tamil Nadu,School Education Department, Secretariat,Chennai-600 009.2.The Director of School Education,DPI Complex, College Road,Chennai-600 006.3.The Chief Educational Officer,Salem District Collector Office Campus,Salem-636 001.4.The Inspector General of Registration,100, Santhome High Road, Pattinapakkam,Chennai-600 028.5.The District Registrar (Salem West),Salem District Collector Office Campus,Salem-636 001.6.The District Collector,Salem District, Salem-636 001.7.The Tahsildar,Omalur Taluk, Salem District-636 455.8.The Superintendent of Police,Sankari Main Road, Nethimedu,Salem-636 002.7/8 https://www.mhc.tn.gov.in/judis W.P.No.21200 of 2024HON'BLE ACTING CHIEF JUSTICEANDK.KUMARESH BABU,J.,arW.P.No.21200 of 202429.07.20248/8