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Madras High CourtWP(MD)/32182/2025dismissed

Pothu Jana Seva Sangam v. The Director Of Elementary Education

2025-11-13Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.11.2025

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)No.32182 of 2025 and W.M.P(MD).No.25317 of 2025 Pothu Jana Seva Sangam, Mudavankulam Reg. No. 71/2006 Radhapuram Taluk Tirunelveli District Represented by its President Mr.S.Ganapathy ..Petitioner Vs

1. The Director of Elementary Education, DPI Campus, College Road, Chennai - 600 006.

2.The District Educational Officer (Elementary) Tirunelveli District, Tirunelveli.

3.The District Elementary Educational Officer, Valliyur - 627 117 Tirunelveli District.

4.The Block Elementary Educational Officer, Radhapuram - 627 111, Tirunelveli District.

5.Amizhthan ..Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the respondents Nos.1 to 4 from approving educational agency of the petitioner's school namely 'Mudavankulam Pothu Jana Seva Sanga Nadu Nilai Palli' infavour of the 5th respondent or any private individual approaching them without any decree and judgment passed by a competent civil court under section 53(A) of the Tamil Nadu Private Schools (Regulation) Act 1973 (Section 56 of Tamil Nadu Private Schools(Regulation) Act 2018 ).

For Petitioner : Mr.K.K.Kannan For R1 to R4 : Mr.T.Amjadkhan Government Advocate

ORDER

This writ petition has been filed seeking for a Writ of Mandamus forbearing the respondents Nos.1 to 4 from approving educational agency of the petitioner's school namely 'Mudavankulam Pothu Jana Seva Sanga Nadu Nilai Palli' infavour of the 5th respondent or any private individual approaching them without any decree and judgment passed by a competent civil court under section 53(A) of the Tamil Nadu Private Schools (Regulation) Act 1973 (Section 56 of Tamil Nadu Private Schools(Regulation) Act 2018 ).

2. Heard the learned counsel appearing for the petitioner and Mr.T.Amjadkhan, learned Government Advocate, who takes notice on behalf of the respondents 1 to 4. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. The petitioner's society is educational agency of the school namely 'Mudavankulam Pothu Jana Seva Sanga Nadu Nilai Palli'. It is the grievance of the petitioner that the fifth respondent is attempting to claim right over the management of the said school by treating the school management as his property. Hence, the petitioner has filed this writ petition with the aforesaid prayer.

4. When the matter came up for hearing, it is informed by the learned Government Advocate that on account of the dispute with reference to the educational agency in question, the school has been brought under direct payment as early as on 16.11.2007, which order to date has not been challenged. That apart, the fifth respondent has not made any application as apprehended by the petitioner.

4. In view of the aforesaid submission, this Writ Petition is dismissed as premature. No costs. Consequently, connected Miscellaneous Petition is closed.

13.11.2025 NCC : Yes/No Index : Yes/No Internet:Yes Rmk To

1. The Director of Elementary Education, DPI Campus, College Road, Chennai - 600 006.

2.The District Educational Officer (Elementary) Tirunelveli District, Tirunelveli.

3.The District Elementary Educational Officer, Valliyur - 627 117 Tirunelveli District.

4.The Block Elementary Educational Officer, Radhapuram - 627 111, Tirunelveli District.

P.T.ASHA, J.

Rmk Writ Petition(MD)No.32182 of 2025 13.11.2025