N.M.Amudha v. The Director Of School Education

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2026

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN and C.M.P(MD)No.5301 of 2026 N.M.Amudha ... Appellant/Petitioner vs.

1.The Director of School Education, College Road, Chennai 600 006.

2.The Chief Educational Officer, Pudukottai District, Pudukottai 622001.

3. The District Educational Officer, Pudukottai, Pudukottai 622001.

Pudukottai District.

4. Sri Subburama Iyer Middle School, Represented by its Secretary, East 3rd Street, Pudukottai 622001.

Pudukottai District.

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5. R.Jeyasankar

6. R.Abika Prasad ... Respondents/Respondents PRAYER : Writ Appeal filed under Clause 15 of Letters Patent to set aside the common order dated 11.03.2026 made in W.P(MD)No.6480 of 2026. For Appellant : Mr.E.V.N.Siva For Respondents : Mr.J.Ashok Additional Government Pleader

JUDGMENT

[Judgment of the Court was made by N.SATHISH KUMAR, J.) Challenging the order of the learned Single Judge, the writ petitioner has filed the present writ appeal.

2. The appellant has filed a writ petition seeking issuance of a writ of mandamus directing respondents 1 to 3 to consider her representation dated 09.02.2026.

3. The learned Single Judge disposed of the writ petition by holding that, in view of the decree for declaration of title and recovery of possession, the respondent authorities were likely to close the school without following the procedure contemplated under Section 29 of the Tamil Nadu Private Schools 2/6

(Regulation) Act, 2019. However, the learned Single Judge observed that since the closure of the school was pursuant to a decree passed by a competent Civil Court, the question of invoking the statutory procedure under Section 29 would not arise. Accordingly, the writ petition was disposed of by granting liberty to the petitioner to submit a fresh representation to respondents 1 to 3 seeking absorption of her services in an alternative school. Aggrieved by the said order, the appellant has filed the present writ appeal.

4. The suit in question was filed for establishing certain rights over the immovable property. This Court, by judgment and decree dated 22.06.2017 in A.S. No. 706 of 2003, granted a decree for declaration and recovery of possession. Pursuant to the said judgment and decree, the appellant apprehends that the school would be closed.

5. The learned counsel for the appellant submitted that the learned Single Judge was not right in holding that Section 29 of the Tamil Nadu Private Schools (Regulation) Act, 2019 would not apply.

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6. The learned Additional Government Pleader appearing for respondents 1 to 3 submitted that although the Civil Court decree operates against the property, insofar as the closure of the school is concerned, the authorities are required to follow the procedure prescribed for accommodating the students in other schools and for absorbing the teaching and non-teaching staffs.

7. We are of the view that the school is admittedly still functioning, notwithstanding the decree passed by the Civil Court for declaration and recovery of possession. Since a number of students are studying in the school, the authorities must take appropriate steps.

8. In such circumstances, the authorities are directed to pass appropriate orders under Section 29 of the Tamil Nadu Private Schools (Regulation) Act, 2019, taking into account the Civil Court decree, so as to ensure that the students are accommodated in other schools and that the teaching and non-teaching staff are suitably absorbed. This issue shall be decided on its own merits. 4/6

9. With the above directions, the writ appeal is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. [N.S.K.,J.] [M.J.R.,J.] 20.04.2026 NCC : Yes / No Index : Yes / No am To 1.The Director of School Education, College Road, Chennai 600 006.

2.The Chief Educational Officer, Pudukottai District, Pudukottai 622001.

3. The District Educational Officer, Pudukottai, Pudukottai 622001.

Pudukottai District.

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N.SATHISH KUMAR ,J.

and M.JOTHIRAMAN,J.

am ORDER MADE IN DATED : 20.04.2026 6/6