M.Mayandi v. The Chief Secretary

O R D E R This writ petition has been filed seeking a direction to the official respondents to consider the petitioners' representation dated 06.06.2026. By the said representation, the petitioners requested the authorities not to grant a licence in Form-D under Section 6(1) of the Tamil Nadu Public Buildings (Licensing) Act, 1965, read with Rule 6 of the Tamil Nadu Public Buildings (Licensing) Rules, 1966, to the ninth respondent for running a school in the property belonging to Arulmigu Angala Parameswari Sonaihswamy Temple, situated at Door No.7, Melaponnagaram Main Road, Madurai – 625 016.

¶2The petitioners contend that the property in question belongs to the aforesaid temple and that a former trustee, without lawful authority, had alienated the property in favour of a third party. According to the petitioners, respondents 9 and 10 are presently running a school in the said premises without any valid title, right or interest over the property. It is further stated that the petitioners, being worshippers of the temple, had instituted a civil suit seeking a declaration that the property belongs to the temple. The said suit was decreed in their favour, and the decree was subsequently confirmed by this Court as well as by the Hon'ble Supreme Court.

¶3On the other hand, respondents 9 and 10 claim that they are in occupation of the property as tenants and are running the school in their capacity as lessees and not as trespassers. In view of the rival claims regarding the nature of their occupation and entitlement to continue the educational institution in the premises, the petitioners have requested the authorities not to grant the licence sought by respondents 9 and 10.

¶4Having regard to the nature of the dispute and without expressing any opinion on the merits of the rival claims, this Court is of the view that the competent authority should consider the petitioners' representation and take an appropriate decision in accordance with law.

¶5Accordingly, the fifth respondent, being the competent authority, is directed to consider the petitioners' representation dated 06.06.2026 on its own merits and in accordance with law and pass appropriate orders thereon.

¶6Before passing any orders, the fifth respondent shall afford an opportunity of hearing to the petitioners as well as respondents 9 and 10 and consider all relevant materials that may be placed before it.

¶7The aforesaid exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order.

¶8There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed. Index :Yes / No

02.06.2026 Internet :Yes / No NCC :Yes / No PJL To

¶1The Chief Secretary, Department of Education, Secretariat, Chennai - 600 009.

¶2The Director, Primary Education, Office of Primary Education, DPI Complex, College Road, Nungambakkam, Chennai - 600 006.

¶3The Joint Director, Primary Education, Office of Primary Education, DPI Complex, College Road, Nungambakkam, Chennai - 600 006.

¶4The District Collector, Collector Office, Madurai -625 020.

¶5The Tasildar, Madurai West, 23, Virattipathu, Theni Road, Madurai - 625 014.

¶6The Chief Educational Officer - Madurai, Office of Chief Educational Officer, Tallakulam, Madurai - 625 002.

¶7The District Educational Officer, Tallakulam, Madurai - 625 002.

¶8The Block Educational Officer, Madurai North, (Near Pattu Puchi School), Kamala 2nd Street, Madurai - 625 002.

HEMANT CHANDANGOUDAR, J.

PJL

02.06.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.06.2026 CORAM THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR and W.M.P(MD)No.10888 of 2026 1. M.Mayandi 2. A.Alagu 3. A.Mathalai 4. A.Sivagnanam .. Petitioners - Vs. - 1. The Chief Secretary, Department of Education, Secretariat, Chennai - 600 009. 2. The Director, Primary Education, Office of Primary Education, DPI Complex, College Road, Nungambakkam, Chennai - 600 006. 3. The Joint Director, Primary Education, Office of Primary Education, DPI Complex, College Road, Nungambakkam, Chennai - 600 006. 4. The District Collector, Collector Office, Madurai -625 020. 5. The Tasildar, Madurai West, 23, Virattipathu, Theni Road, Madurai - 625 014. 6. The Chief Educational Officer - Madurai, Office of Chief Educational Officer, Tallakulam, Madurai - 625 002. 7. The District Educational Officer, Tallakulam, Madurai - 625 002. 8. The Block Educational Officer, Madurai North, (Near Pattu Puchi School), Kamala 2nd Street, Madurai - 625 002. 9. The Secretary, Mukkulathore Middle School, 1, Melaponnagaram Main Road, Madurai - 625 016. 10. The Headmaster, Mukkulathore Middle School, 1, Melaponnagaram Main Road, Madurai - 625 016. .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 4 to 8 to consider the representation of the Petitioners dated 06.06.2025 and thereby not to grant D-License to the 9th respondent for running school in the property of Arulmigu Angala Parameshwari Soniahswamy Temple at Door No.7, Melaponnagaram Main Road, Madurai - 625 016 as per Tamil Nadu Private Schools Regulation Act, 1973. For Petitioner : Mr.S.Manohar For Respondents : Mr.M.Mahaboob Athiff, Government Advocate for R1 to R8 : Mr.M.Ponniah for R9 and R10