THE HONOURABLE MRS. JUSTICE T. MEENA KUMARI AND THE HON’BLE MR. JUSTICE RAMESH RANGANATHAN WRIT APPEAL No. 1846 of 1999 JUDGMENT: (Per T. Meena Kumari, J) The Writ Appeal is ﬁled against the judgment of the learned Single Judge dated 17.9.1999 passed in Writ Petition No. 13832 of 1992, which was ﬁled by the present appellant questioning the orders passed by the Government in G.O.Rt.No.1617, Education (E.E.) Department, dated 11.10.1990 whereby the Government has transferred the control of S.S.R.K.M. Aided Elementary School, Bhaskarapuram, Machilipatnam to the control of Machilipatnam Municipality. It is contended by the learned counsel for the appellant that late Smt. Neelambari, who was the then Correspondent and Headmistress of the school has no authorization to address the Municipal authorities as well as District Educational Oﬃcer stating that she and other teachers have expressed their willingness to transfer the management of the school with posts and provision to the Machilipatnam Municipality. The said Neelambari expired on 16.5.1990 and after expiry of the said Neelambari, another Correspondent, who is the deponent in the Writ Petition was appointed as Correspondent of the School. According to the appellant, the Managing Committee again met on 16.8.1990 and resolved to revoke the undertaking given by late Neelambari on 26.2.1990 and requested the educational authorities to ratify the appointment of the deponent herein as the Secretary-cum-Deponent. Record shows that there are no interim orders in favour of the Writ Petitioners and the G.O.Rt.No. 1617 has been given eﬀect. The learned Single Judge who has dealt with the matter has observed that whether the society is still in existence? and whether the managing committee is functioning as on today?. It has also been observed by the learned Single Judge that the said Neelambari who was given consent to the said letter on 29.7.1988 is not only Head Mistress, but also the Correspondent of the institution. The contents of the aﬃdavit itself goes to show that the then Committee did not have taken any decision to address a letter on 29.7.1988 so long as Smt. Neelambari is alive and after the death of the said Neelambari, they have chosen to pass a resolution to revoke the said letter. But, however, the learned Single Judge has satisﬁed with the records that there is no material to show that the Society is in existence and accordingly, the learned Single Judge has dismissed the Writ Petition. It is also to be observed that the Municipality, Machilipatnam must be running the school for the last 18 years. Under these circumstances, we are of the opinion that there is no material available in the Writ Petition to show that the then Managing Committee has taken any decision to revoke the letter of the said Neelambari during her life time. Even after Smt. Neelambari was expired, the Managing Committee has taken a decision to pass a resolution revoking the consent letter for the reasons best known to them and the question is whether the society is in existence or not is purely a question of fact. Even though the learned counsel for the appellant has tried to satisfy this Court that the Society is in existence, we are of the ﬁrm opinion that in view of the fact that it is purely a question of fact, we are not inclined to interfere with the Order passed by the learned Single Judge and accordingly, the Writ Appeal is not maintainable and the same is liable to be dismissed. Accordingly, the Writ Appeal is dismissed. _______________________ T. MEENA KUMARI, J _______________________________ RAMESH RANGANATHAN, J 17.6.2008 CHV