Cambridge Matriculation School, v. The State of Tamil Nadu

Madras HC3 Nov 2025WP/21413/2019

Case brief

AI extract

What is this about?

Keywords: Cambridge Matriculation School; Hosur; Krishnagiri; Hosur New Town Development Authority; lock and seal; planning permission; building licence; deviations; Town and Country Planning Act Section 56, Section 57, Section 80A; appeal rejection; remand to Government; reconsideration; W.P.No.21385 of 2014; Letter No.15997/UD4(1)/2014-5; Na.Ka.No.118/2017/O.Pu.Na.Va.Ku; Writ of Certiorarified Mandamus; Article 226; education; school building; no costs.

What did the court decide?

Writ Petition disposed of: impugned order dated 16.04.2019 set aside; matter remitted to the 1st respondent for reconsideration of all grounds with due opportunity to the petitioner and to respondents 5, 6 and 7, final orders to be passed within three months; no costs; connected miscellaneous petitions closed. ¶¶47

Cambridge Matriculation School, Vs The State of… — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned order dated 16.04.2019 rejecting the petitioner's appeal was sustainable, on the several grounds raised in the Writ Petition. +1 more

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Court's answer

The impugned order dated 16.04.2019 rejecting the petitioner's appeal is set aside.

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Ratio / Principle

The matter is remitted back to the 1st respondent, who shall reconsider all the grounds raised by the petitioner after giving them due opportunity.

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Key takeaways

Opportunity shall also be given to respondents 5, 6 and 7 before final orders are passed (list completed on next page of source).ratio¶¶42
The 1st respondent shall pass final orders at least within three months from the date of receipt of a copy of this order.ratio¶¶46
Since the matter is being remanded, the Court refrains from rendering its views on the various grounds raised in the Writ Petition; the merits are left open.obiter

Detailed headnote1 paragraphs

Madras High Court (M.S. Ramesh and R. Sakthivel, JJ.) disposes of W.P.No.21413 of 2019 (Cambridge Matriculation School, Hosur v. State of Tamil Nadu and others). Against lock-and-seal of the petitioner school taken under Sections 56 and 57 of the Town and Country Planning Act, the petitioner's Section 80A appeal filed on 25.08.2014 (pursuant to liberty granted on 20.08.2014 in W.P.No.21385 of 2014) was rejected by the 2nd respondent's letter dated 16.04.2019 solely because the three months allowed for obtaining planning permission, licences and rectifying deviations was not utilised. The Court set aside the impugned order dated 16.04.2019 and, expressly refraining from rendering any view on the other grounds urged in the Writ Petition, remitted the matter to the 1st respondent (Secretary to Government, Housing and Urban Development Department) to reconsider all grounds after giving the petitioner due opportunity and hearing respondents 5, 6 and 7 before final orders, which are to be passed at least within three months of receipt of the order. Connected miscellaneous petitions closed; no costs. The consequential order of the 5th respondent dated 16.07.2019 was not separately quashed; no precedents were cited and no view on merits is expressed, limiting citability of this judgment to its procedural directions.

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W.A.No.21413 of 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 03.11.2025

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CORAM :

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THE HONOURABLE MR. JUSTICE M.S. RAMESH

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and

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THE HONOURABLE MR. JUSTICE R.SAKTHIVEL

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W.P.No.21413 of 2019

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and W.M.P.Nos.20614, 20618 and 35010 of 2019

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Cambridge Matriculation School Krishnagiri Road Hosur 635 109 Krishnagiri District Rep. by its Correspondent / Principal Tmt. D.Shameemunnisa W/o.Dadabhai. ... Petitioner

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Vs.

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The State of Tamil Nadu Rep. by its Secretary to Government Housing and Urban Development Department Secretariat Fort St. George Chennai 600 009

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The Additional Secretary (Technical) Housing and Urban Development Department Secretariat Fort St. George Chennai 600 009

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Page 1 of 6

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https://www.mhc.tn.gov.in/judis

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The Commissioner, Directorate of Town and Country Planning No.807, Anna Salai Chennai 600 002.

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W.A.No.21413 of 2019

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The District Collector, Krishnagiri District Krishnagiri.

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The Member Secretary Hosur New Town Development Authority No.25/2, Nethaji Road Hosur 635 109 Krishnagiri District

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The Chief Educational Officer Krishnagiri District Krishnagiri.

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G.Ramesh,

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... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order issued by the 2nd respondent in Letter No.15997/UD4(1)/2014-5 dated 16.04.2019 and the consequential impugned order issued by the 5th respondent in Na.Ka.No.118/2017/O.Pu.Na.Va.Ku dated 16.07.2019 and to quash the same and consequently directing the official respondents to pass appropriate orders granting permission to the petitioner school building in accordance with law and the Government Orders in force.

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F or Petitioner : Mr.R.Viduthalai for S.Nedunchezhian

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Page 2 of 6

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https://www.mhc.tn.gov.in/judis

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W.A.No.21413 of 2019

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For Respondents : Mr.R.Kumaravel Addl. Govt. Pleader - R1 to R4

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Mr.V.Jayaprakash Narayanan - R5

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Mr.R.Neethi Perumal Government Advocate - R6

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Mr.S.Ayyathurai - R7

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JUDGMENT

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M.S.RAMESH, J. and R.SAKTHIVEL, J.

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As against the proceedings initiated under Section 56 and 57 of the

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Town and Country Planning Act, sealing the premises of petitioner school, an appeal was preferred under Section 80A of the Act, on 25.08.2014. Through the impugned order dated 16.04.2019, the appeal was rejected only on the ground that the school was already granted three months time for obtaining planning permission for the building and other licence and permissions and they had not utilized the time granted for rectifying the deviations. This order is put under challenge in the present

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Writ Petition.

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Page 3 of 6

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https://www.mhc.tn.gov.in/judis

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W.A.No.21413 of 2019

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2.When the proceedings for lock and seal was taken on 04.08.2014, it was earlier challenged before this Court in W.P.No.21385 of 2014, in which the Coordinate Bench of this Court had granted liberty to the petitioner to file an appeal within one week through the order dated 20.08.2014. Pursuant to the liberty, the appeal was also filed within the stipulated period. Several grounds have been raised in this Writ Petition, challenging the validity of the impugned order. However, since the appeal was rejected only on the ground that the petitioner school did not avail the time granted for rectification, this Court is of the view that the Government could be directed to reconsider the various grounds raised in the appeal. Since we are remanding the matter back to the authorities, we refrain from rendering our views on the grounds raised in the Writ Petition.

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3.Accordingly, the impugned order dated 16.04.2019 is set aside.

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The matter is remitted back to the 1st respondent herein, who shall reconsider all the grounds raised by the petitioner, after giving them due opportunity. Opportunity shall also be given to the respondents 5, 6 and

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Page 4 of 6

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https://www.mhc.tn.gov.in/judis

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W.A.No.21413 of 2019

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7 herein before final orders are passed. The 1st respondent shall pass such final orders atleast within a period of three (3) months from the date of receipt of a copy of this order.

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4.The Writ Petition stands disposed of accordingly. No costs. Consequently, the connected miscellaneous petitions are closed.

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kas

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Index: Yes / No Neutral Citation Speaking / Non Speaking

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To.

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1.The Secretary to Government Housing and Urban Development Department Secretariat Fort St. George Chennai 600 009

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