S.Nagalakshmi v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.08.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN S.Nagalakshmi ... Petitioner -vs1. The Commissioner, School Education Department, DPI Campus, Chennai - 600 006.
2. The Director, School Education Department, DPI Campus, Chennai - 600 006.
3. The Secretary, Housing and Urban Development, Secretariat, Chennai - 9.
4. The Director, Town and Country Planning, Chennai - 600 002.
5. The District Collector, Salem, Salem District.
6. The Assistant Director, District Town and Country Planning Office,
7. The Chief Educational Officer 1/6
8. The District Educational Officer,
9. The Block Educational Officer, Omalur, Omalur Taluk, 10.The Block Development Officer, (Kee.Voo) Omalur, Omalur Taluk, 11.The Correspondent Sri.Thulasivigash Metric School, Thulasamptti, Omalur Taluk, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 10 to demolish the unauthorized structure / building put up by the 11th respondent to house Sr.Thulasivigash Metric School at Thulasampatti, Omalur Taluk, Salem District, in terms of Notice No.1/2024 dated 25.04.2024 issued by the 4th respondent under Section 56(1) of the Act and by considering the petitioner's representation dated 12.11.2024 and further direct the respondents 7 & 8 to cancel the license granted to run the school. For Petitioner : Mr.M.Elango For R1 to R10 : Mr.J.C.Durairaj Addl. Govt. Pleader For R11 : Mr.V.Rajasekar *****
O R D E R
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(By J.Nisha Banu,J.) This Writ Petition has been filed for a direction to the respondents 1 to 10 to demolish the unauthorized structure / building put up by the 11th respondent to house Sri.Thulasivigash Metric School at Thulasampatti, Omalur Taluk, Salem District, in terms of Notice No.1/2024 dated 25.04.2024 issued by the 4th respondent under Section 56(1) of the Act and by considering the petitioner's representation dated 12.11.2024 and further direct the respondents 7 & 8 to cancel the license granted to run the school.
2. It is the case of the petitioner that the 11th respondent / School was constructed after 2011 without obtaining any approval. There was a violation of the provisions of the Act, 1971 in construction of the school. There is no ingress and egress to the school and the life of more than 1000 students has been put to danger. The 6th respondent had inspected the school on 08.05.2024 and found that there was unauthorized development of building. It was informed under RTI that there is no building approval and 30 days' time was granted for demolition of the building. The petitioner has 3/6
given a representation dated 12.11.2024 to the respondents 1 to 10 to remove the unauthorized school building and it did not evoke any response. Therefore, the petitioner seeks a direction to the respondents 1 to 10 to lock and seal the school premises of the 11th respondent.
3. Learned Additional Government Pleader appearing for R1 to R10 stated that the 6th respondent has already directed the 10th respondent / BDO to take action against the unauthorized building of R11. A reasonable time may be granted to the 10th respondent to look into the issue and take action as per law.
4. Considering the facts and circumstances of the case and on the basis of the statement made by the learned Additional Government Pleader herein-above, this Court, without expressing any opinion on the merits of the matter, directs the 10th respondent / BDO to consider the representation dated 12.11.2024 of the petitioner, by giving an opportunity of personal hearing to the petitioner as well as R11 and thereafter, take action in accordance with law, in the light of the instructions given by the 6th 4/6
respondent. Such an exercise shall be carried out within a period of twelve weeks from the date of receipt of a copy of this order.
5. With the above direction, this Writ Petition is disposed of. No costs.
(J.N.B.J.,) (M.J.R,J.,) 07.08.2025 Index: Yes / No Internet: Yes / No ar To:
1. The Commissioner, School Education Department, DPI Campus, Chennai - 600 006.
2. The Director, School Education Department, DPI Campus, Chennai - 600 006.
3. The Secretary, Housing and Urban Development, Secretariat, Chennai - 9.
4. The Director, Town and Country Planning, Chennai - 600 002.
J.NISHA BANU, J.
AND M.JOTHIRAMAN , J.
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ar
5. The District Collector, Salem, Salem District.
6. The Assistant Director, District Town and Country Planning Office,
7. The Chief Educational Officer
8. The District Educational Officer,
9. The Block Educational Officer, Omalur, Omalur Taluk, 10.The Block Development Officer, (Kee.Voo) Omalur, Omalur Taluk, 07.08.2025 6/6