Madras High CourtWP/21413/2019disposed of

Cambridge Matriculation School, v. The State Of Tamil Nadu

2025-11-03Honourable Mr Justice M.S. Ramesh,Honourable Mr.Justice R.Sakthivel6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH THE HONOURABLE MR. JUSTICE R.SAKTHIVEL W.P.No.21413 of 2019 W.M.P.Nos.20614, 20618 and 35010 of 2019 Cambridge Matriculation School Krishnagiri Road Rep. by its Correspondent / Principal Tmt. D.Shameemunnisa W/o.Dadabhai.

... Petitioner Vs.

1. The State of Tamil Nadu Rep. by its Secretary to Government Housing and Urban Development Department Secretariat Fort St. George Chennai 600 009

2. The Additional Secretary (Technical) Housing and Urban Development Department Secretariat Fort St. George Chennai 600 009

3. The Commissioner, Directorate of Town and Country Planning No.807, Anna Salai Chennai 600 002.

4. The District Collector, Krishnagiri.

5. The Member Secretary Hosur New Town Development Authority No.25/2, Nethaji Road

6. The Chief Educational Officer Krishnagiri.

7. G.Ramesh, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order issued by the 2nd respondent in Letter No.15997/UD4(1)/2014-5 dated 16.04.2019 and the consequential impugned order issued by the 5th respondent in Na.Ka.No.118/2017/O.Pu.Na.Va.Ku dated 16.07.2019 and to quash the same and consequently directing the official respondents to pass appropriate orders granting permission to the petitioner school building in accordance with law and the Government Orders in force. For Petitioner : Mr.R.Viduthalai for S.Nedunchezhian

For Respondents : Mr.R.Kumaravel Addl. Govt. Pleader - R1 to R4 Mr.V.Jayaprakash Narayanan - R5 Mr.R.Neethi Perumal Government Advocate - R6 Mr.S.Ayyathurai - R7

JUDGMENT

M.S.RAMESH, J.

R.SAKTHIVEL, J.

As against the proceedings initiated under Section 56 and 57 of the Town and Country Planning Act, sealing the premises of petitioner school, an appeal was preferred under Section 80A of the Act, on 25.08.2014. Through the impugned order dated 16.04.2019, the appeal was rejected only on the ground that the school was already granted three months time for obtaining planning permission for the building and other licence and permissions and they had not utilized the time granted for rectifying the deviations. This order is put under challenge in the present Writ Petition.

2.When the proceedings for lock and seal was taken on 04.08.2014, it was earlier challenged before this Court in W.P.No.21385 of 2014, in which the Coordinate Bench of this Court had granted liberty to the petitioner to file an appeal within one week through the order dated 20.08.2014. Pursuant to the liberty, the appeal was also filed within the stipulated period. Several grounds have been raised in this Writ Petition, challenging the validity of the impugned order. However, since the appeal was rejected only on the ground that the petitioner school did not avail the time granted for rectification, this Court is of the view that the Government could be directed to reconsider the various grounds raised in the appeal. Since we are remanding the matter back to the authorities, we refrain from rendering our views on the grounds raised in the Writ Petition.

3.Accordingly, the impugned order dated 16.04.2019 is set aside. The matter is remitted back to the 1st respondent herein, who shall reconsider all the grounds raised by the petitioner, after giving them due opportunity. Opportunity shall also be given to the respondents 5, 6 and

7 herein before final orders are passed. The 1st respondent shall pass such final orders atleast within a period of three (3) months from the date of receipt of a copy of this order.

4.The Writ Petition stands disposed of accordingly. No costs. Consequently, the connected miscellaneous petitions are closed. [M.S.R, J.] [R.S.V, J.] 03.11.2025 kas Index: Yes / No Speaking / Non Speaking To.

1.The Secretary to Government Housing and Urban Development Department Secretariat Fort St. George Chennai 600 009