R.Venkatesan v. A.P.Ashok Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.10.2025 CORAM :

THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN R.Venkatesan No. 40/8, LNP Koil Street, Lakshmipuram, Chennai 600 099.

Petitioner Vs 1.A.P.Ashok Kumar Trustee and President of School Managment Committee, Sree Muthukumaraswamy Devasthaam Educational Society, Having office at Sri Muthukumara Swamy Temple, Kandakottam, Park Town, Chennai 2.The Directorate of Collegiate Education No. 577, Anna Salai Saidapet, Chennaii 600 015.

3.The Directorate of School Education DPI Complex, College Rod, Chennaii 600 006.

4.The Secretary to Government Higher Education Department Fort St. George, Chennai - 600 009.

5.The Secretary to Government School Education Department, Fort St George, Chennai 600009.

6.The Commissioner Greater Chennai Corporation, Ripon Building, Chennai 600 003.

7.The Assistant Engineer Corporation of Chennai Ward 58, Zone V, Basin Bridge, Chennai 600 001.

8.The Commissioner Hindu Religious and Charitable Endowments (HR & CE) 119,Uthamar Gandhi Salai, Nungambakam, Chennai 600 034.

Respondents PRAYER : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 2 to 8 to consider representation dated 30.06.2025 and pass necessary orders consequently to direct the respondents 2 to 8 to make necessary arrangements to inspect and seal the premises of the school and college premises where classes are conducted in unauthorized buildings and illegal temporary structures in SMK Vidhyashram (CBSE), Kodungaiyur and Sree Muthukumaraswamy Arts and Science College, Kodungaiyur and SMD (Sree Mutukukmaraswamy Devasthanam P.Venugopal Chetty) Hindu Primary School, Puasalwakam and SMD (Sree Muthukumaraswamy Devastham Hindu Primary School, Park Town and Kandakottam Nursery and Primary School, Purasawalkam and SMD (Sree Muthukumaraswamy Devasthanam Hindu Higher Secondary School, Park Town and P.Venugopal Chetty Higher Secondary School,

Purasawakam and Sree Muthukumaraswamy Devasthanam Kannapiran Padmavathi Primary School and consequently direct the respondents 6 and 7 to make necessary alterations including demolition of illegal structures on the above school and college premises.

For Petitioner:

Mr.M.Balaji For Respondents:

Mr.T.K.Saravanan Addl. Government Pleader for respondent Nos.2 to 5 Mr.D.B.R.Prabhu Standing Counsel for respondent Nos.6 and 7 Mr.S.Ravichandran Addl. GP (HR&CE) for respondent No.8

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Heard learned counsel for the parties.

2. The petitioner, who claims to be an advocate and an ardent devotee of the deity in Sri Muthukumara Swamy Temple, Kandakottam, has filed this petition seeking issuance of mandamus to the respondent authorities to inspect the schools/college premises run by the first respondent/society, as described in his

representation, and to seal and demolish the same, as classes are conducted in unauthorised/illegal temporary structures, putting the lives of the students at risk.

3. In the case on hand, barring production of certain photographs, there is no shred of material produced to substantiate the averments made in the petition. The asseverations are as vague as they could be. That apart, all the allegations levelled are solely directed against the first respondent/Society and it is not known why the petitioner is targeting this society only. Airing his grievance, the petitioner has already sent a representation to the respondent authorities. It is for them to take a decision in the manner known to law, if so advised.

4. When such general allegations are levelled against a society, it is the bounden duty of the petitioner, who in this case is an advocate, to conduct research and gather some material in support thereof. Without producing a modicum of evidence, allegations are made against the first respondent/society and the

same by no stretch of imagination could be perceived to be gospel truth to entertain a writ petition for the reliefs stated supra. The writ petition is dismissed with costs of Rs.50,000/- (Rupees Fifty Thousand only) payable by the petitioner to the Tamil Nadu State Legal Services Authority within a period of one month from today.

(MANINDRA MOHAN SHRIVASTAVA, CJ) (G.ARUL MURUGAN,J) 16.10.2025 Index :

Yes/No :

Yes/No bbr

To:

1.The Directorate of Collegiate Education No. 577, Anna Salai Saidapet, Chennaii 600 015.

2.The Directorate of School Education DPI Complex, College Rod, Chennaii 600 006.

3.The Secretary to Government Higher Education Department Fort St. George, Chennai - 600 009.

4.The Secretary to Government School Education Department, Fort St George, Chennai 600009.

5.The Commissioner Greater Chennai Corporation, Ripon Building, Chennai 600 003.

6.The Assistant Engineer Corporation of Chennai Ward 58, Zone V, Basin Bridge, Chennai 600 001.

7.The Commissioner Hindu Religious and Charitable Endowments (HR & CE) 119,Uthamar Gandhi Salai, Nungambakam, Chennai 600 034.

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,J.

bbr 16.10.2025