Date:26/07/2008 URL: http://www.thehindu.com/2008/07/26/stories/2008072657240100.htm

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College issue: RDO proceedings quashed

Staff Reporter

MADURAI: The Madras High Court Bench here on Friday quashed the proceedings initiated by the Revenue Divisional Officer under Section 145 of the Code of Criminal Procedure to solve the dispute between the American College Principal and the CSI Bishop of Madurai and Ramnad Diocese over managing the affairs of the educational institution.

Allowing a criminal revision petition filed jointly by the Bishop, Vice-Principal and Bursar of the college, Justice A. Selvam said that the right to manage an educational institution cannot be adjudicated under Section 145 (1) of Cr. P. C. The provision could be invoked by the RDO in his capacity as a sub-divisional magistrate only in respect of a dispute concerning land, water or the boundaries thereof.

“The first respondent (RDO), without adhering to the provision of Section 145 (1), has erroneously passed the impugned order and it is not an adulation to say that the first respondent has not at all known the rudimentary principle of law. Further, he has exceeded his limit by way of passing the impugned order,” the Judge said and added that the officer was also not empowered to pass such an order.

The present petitioners had filed another petition in May seeking police protection for the college. Disposing of that petition, a single judge directed the RDO, who had already commenced the proceedings under Section 145(1), to complete them as expeditiously as possible.

Subsequently, the RDO, on June 2, held that Chinnaraj Joseph Jaikumar could continue to be the Principal-cum-secretary of the college. He also said that V. George Selvakumar and M. Davamani Christopher shall continue to be the Vice-Principal and Bursar respectively. Aggrieved at the order permitting the Principal to continue in his post, the other two, along with the Bishop, had filed the revision petition.

The present petition was initially heard by another single judge of the court. He heard the arguments on both sides and reserved his judgement last month. However, the Judge suddenly recused himself of the matter and it was posted before Mr. Justice Selvam.