Harijan Primary School v. The District Educational Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2025

CORAM:

THE HON'BLE MS.JUSTICE P.T.ASHA W.P.(MD).No.34052 of 2025 and W.M.P(MD)Nos.26870 and 26871 of 2025 Harijan Primary School Represented by its Secretary J. Esther Rani ... Petitioner Vs.

1. The District Educational Officer, Tenkasi, Tenkasi District.

2. The Block Educational Officer, Sankarankovil, Tenkasi District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned order in Mu.Mu. No.0055/A1/2025 dated 28.03.2025 and the Consequential Impugned Order in Na.Ka.No. 3348/A1/2025 dated 17.10.2025 on the file of the Respondent No.1 in so far as the condition of insisting for production of Patta in the name of the Petitioners School is concerned and quash the same as illegal and 1/6

consequently for a direction, directing the Respondent No.1 not to insist for production of Patta in the name of the Petitioners School and pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice. For Petitioner : Mr.T.Aswin Raja Simman For Respondents : Mr.P.T.Thiraviyam Government Advocate

ORDER

The above writ petition has been filed for the following relief:- "Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned order in Mu.Mu. No.0055/A1/2025 dated 28.03.2025 and the Consequential Impugned Order in Na.Ka.No.3348/A1/2025 dated 17.10.2025 on the file of the Respondent No.1 in so far as the condition of insisting for production of Patta in the name of the Petitioners School is concerned and quash the same as illegal and consequently for a direction, directing the Respondent No.1 not to insist for production of Patta in the name of the Petitioners School and pass such other or further orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice."

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2. Mr.P.T.Thiraviyam, learned Government Advocate takes notice on behalf of the respondents.

3. By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.

4. The case of the petitioner is that the petitioner school was earlier managed by the petitioner's father, namely Jeevanantham, from 01.12.1984 to 06.09.2019, and after his demise, the petitioner's mother and sister had executed a settlement deed in favour of the petitioner vide Doc.No.1/2023 to enable her to manage the school. Pursuant to the same, the 1st respondent has granted approval to appoint the petitioner as Secretary to the School from 04.10.2024 to 03.10.2027 vide order dated 28.03.2025, on a condition that the patta land on which the school stands should be transferred in favour of the school within a period of three months, failing which the approval would automatically lapse. 3/6

5. The further case of the petitioner is that though the patta land in which the school stands is already mentioned as Church and School in the revenue records, the petitioner made an application before the Revenue Divisional Officer to get patta in the name of the school. However, the same was not considered by the authorities citing G.O.Ms.No.211, Revenue and Disaster Management Department dated 04.05.2023. Aggrieved by the same, the petitioner has filed W.P.(MD)No.10693 of 2025 and the same was allowed vide order dated 17.04.2025, thereby rejecting the order passed by the DRO.

6. At this juncture, once again the DRO has passed an order dated 23.07.2025, against which the petitioner has preferred an appeal before the Commissioner of Land Administration. Thereafter, once again the 1st respondent has passed a consequential impugned order dated 17.10.2025 by extending the time limit by another six months for production of patta in the name of the school. Aggrieved by the same, the petitioner is before this Court.

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7. Heard the learned counsel for either sides.

8. Considering the fact that the school has been there over for 100 years and in the revenue records itself the property though described as Government Poramboke in the remarks column it is clearly described as Church and School. Therefore, the insistence of a patta standing in the name of the school is not mandatory. Therefore, impugned order dated 28.03.2025 and the consequential impugned order dated 17.10.2025 stands set aside.

9. Accordingly, the writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed. 27.11.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 5/6

P.T.ASHA, J.

rgm To

1. The District Educational Officer, Tenkasi, Tenkasi District.

2. The Block Educational Officer, Sankarankovil, Tenkasi District.

W.P.(MD).No.34052 of 2025 and W.M.P(MD)Nos.26870 and 26871 of 2025 27.11.2025 6/6