High Court · 2025

W.P.No.35617 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 30.06.2025CORAM : THE HONOURABLE MRS JUSTICE N. MALA Writ Petition No.35617 of 2024and WMP.No.38475 of 2024A.Mani... PetitionerVs.The StateRepresented by the Secretary to GovernmentSchool Education DepartmentSecretariat, Chennai – 9.2.The DirectorDirectorate of Elementary EducationDPI Campus, College RoadChennai – 6.3.The District CollectorFirst Floor, Tiruvallur Collectorate,Tiruvallur – 602001.4.The Chief Education OfficerOffice of the Chief Education OfficerChinna Ekadu, Jaya Nagar,Tiruvallur – 602 001.5.Panchayat Union Primary SchoolRepresented by the HeadmasterSanumallavaram PanchayatSanurmallavaram VillageR.K.Pet, Tiruvallur District – 631 302.6.The Block Development OfficerBlock Development Office (Village Panchayat)1 / 10 https://www.mhc.tn.gov.in/judis W.P.No.35617 of 2024R.K.Pet,Tiruvallur District – 631303.7. The PresidentOffice of Sanurmallavaram PanchayatSanurmallavaram Village,R.K.Pet,Tiruvallur District – 631 302. … Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Mandamus to direct the respondents 3, 6 and 7 to consider the petitioner's representation dated 14.09.2024 by dismantling, removing the deteriorated building from the petitioner's property at S.No.110/6 in Sanurmallavaram Village and hand over vacant possession to the petitioner.For Petitioner: Mr.Samuel RajaFor Respondents: Mr.N.Naveen Kumar, GA for R1 to R5 Mr.M.Muthuswamy, GA for R6 & R7 O R D E RThe petitioner has filed this writ petition to direct the respondents 3, 6 and 7 to consider the petitioner's representation dated 14.09.2024 by dismantling, removing the deteriorated building from the petitioner's property at S.No.110/6 in Sanurmallavaram Village and hand over vacant possession to the petitioner.2 / 10 https://www.mhc.tn.gov.in/judis W.P.No.35617 of 20242. The petitioner seeks to reclaim possession of land in S.No.110/6 Sanurmallavaram Village. The petitioner's father originally acquired the property by sale deed Doc.No.320 of 1980 on the file of the R.K.Pet Sub Registrar Office. The petitioner's father Arumuga Reddy died during 2011, the petitioner and his siblings were recognised as legal heirs to the property. During 1985, the respondents 5 to 7 approached the petitioner's father requesting permission to construct a school on the said property. During 2010 a new school building was constructed on a separate piece of land to serve the community better, with an explicit understanding. After the demise of Arumuga Reddy, the petitioner requested the authorities to honor the commitment to remove the decayed structure. Inturn, the respondents threatened to renovate the old school building on the petitioner's land, pressuring him to surrender the property formally. The approach of the respondents caused significant distress to the petitioner and his family members. Thereafter, the petitioner approached the respondents on several occasions and multiple representations to various authorities and lasted on 14.09.2024 addressed to the respondents. Hence, the present writ petition.3 / 10 https://www.mhc.tn.gov.in/judis W.P.No.35617 of 20243. The learned Government Advocate appearing for the respondents 1 to 5 would submit that the representation of the petitioner dated 14.09.2024 will be considered on merits and in accordance with law, within the time frame that may be stipulated by this Court.4. The learned Government Advocate appearing for the respondents 6 & 7 would submit that counter affidavit of the 6th respondent has been filed on 04.02.2025. The relevant paragraphs are extracted hereunder :-“3. It is submitted that one Thiru. Arumuga Reddy, father of the Petitioner a resident of Sanurmallavaram Village in Thiruvallur Disttrict on his own willingness voluntarily donated land in Survey No.110/6 measuring an extent of 0.40 Cents for the construction of Panchayat Union Primary School in the year 1985 in Sanurmallavaram Panchayat. No document was executed at that time, as Petitioner's father was such a philanthropic minded person, who never go back from his promise and action. Thiru. Arumuga Reddy voluntarily donated the land for school 4 / 10 https://www.mhc.tn.gov.in/judis W.P.No.35617 of 2024construction as a philanthropy activity.4. It is submitted that the 5th Respondent Sannurmallavaram Panchayat Union Primary School is functioning from the year 1958. It was approved by the District Elementary Education Officer, Saidapet on 25/10/1962 in approval No.438c/62. After voluntary donation of land by the Petitioner's father, the 5th Respondent School started to function in the land from the year 1985. Then the Panchayat Primary School was upgraded As Panchayat Union Middle School in the year 2003 in proceeding Na.Ka.No.1103/2003, dated. 03/10/2003 with two permanent new RCC building of four class rooms with the cost of Rs.4,00,000/- (Rupess Four Lakh only) in the land of the Thiru. Arumuga Reddy with his consent. Again the Panchayat Union middle school was upgraded as High school on 19/12/2011 as per G.O.(ms) No. 198, dated.07/12/2011, that High School and Middle School was shifted to the near by area in the same 5 / 10 https://www.mhc.tn.gov.in/judis W.P.No.35617 of 2024Sannurmallavaram panchayat due to lake of place. As the building getting older, the Government sanctioned fund for the Renovation of two building with four class rooms in the above land voluntarily donated by Thiru. Arumuga Reddy. Accordingly Two Building was Renovated in the year 2023-2024 at a cost of Rs.4,57,000/- The School is functioning in the renovated building.”5. Heard the learned counsel for the petitioner and the learned Government Advocates appearing for the respondents and perused the materials available on record.6. In the case on hand, it is admitted fact that the petitioner has given his vacant land on his own willingness to construct school building in the year 1985 and the school was functioning in that place till 2003. Thereafter, in the year 2003, the school was upgraded as middle school and the school was shifted to its own building owned by the Government. At present in the old building students are studying from standards 1 to 5 and the school is 6 / 10 https://www.mhc.tn.gov.in/judis W.P.No.35617 of 2024functioning in the old building. The contention of the petitioner is that since, already the school has been shifted to the land owned by the Government. Now the petitioner, seeks the primary school also (Standard 1 to 5) to be shifted to the own building or to any other alternative place. The further contention of the petitioner is that the own building has been constructed in the land belonging to the Government as early as in the year 2010 and shifted the school.7. This Court directs the third respondent to consider the representation of the petitioner dated 14.09.2024 by conducting detailed enquiry, after giving due notice to the petitioner, opportunity of personal hearing, to consider the documents filed by the petitioner, on merits, in accordance with law, and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. 8. This writ petition is disposed of, with the above observation and directions. No costs. Consequently, connected miscellaneous petition is closed.7 / 10 https://www.mhc.tn.gov.in/judis W.P.No.35617 of 20249. For reporting Compliance, post on 25.08.2025.30.06.2025 avIndex:Yes/NoSpeaking Order:Yes/NoNeutral Citation:Yes/NoToThe StateRepresented by the Secretary to GovernmentSchool Education DepartmentSecretariat, Chennai – 9.2.The DirectorDirectorate of Elementary EducationDPI Campus, College RoadChennai – 6.3.The District CollectorFirst Floor, Tiruvallur Collectorate,Tiruvallur – 602001.4.The Chief Education OfficerOffice of the Chief Education OfficerChinna Ekadu, Jaya Nagar,Tiruvallur – 602 001.5.Panchayat Union Primary SchoolRepresented by the HeadmasterSanumallavaram PanchayatSanurmallavaram VillageR.K.Pet, Tiruvallur District – 631 302.6.The Block Development OfficerBlock Development Office (Village Panchayat)8 / 10 https://www.mhc.tn.gov.in/judis W.P.No.35617 of 2024R.K.Pet, Tiruvallur District – 631303.7. The PresidentOffice of Sanurmallavaram PanchayatSanurmallavaram Village,R.K.Pet, Tiruvallur District – 631 302.N. MALA, J.9 / 10 https://www.mhc.tn.gov.in/judis W.P.No.35617 of 2024av W.P.No. 35617 of 202430.06.202510 / 10