D.Arun Jebaraj, Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

D.Arun Jebaraj, Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with the above observations; petitioner left free to make a specific complaint to the competent authority, which must act per the relevant Act and Rules; no costs awarded; connected miscellaneous petitions closed.

Issue for consideration

Whether respondents 1 to 8 should be directed by writ of mandamus to take necessary steps for streamlining and regulating the administration of the educational institutions functioning under the 10th respondent, to prevent conversion of its buildings into commercial complexes and shifting of students to hospitals, and to monitor its activities on the basis of the petitioner's representation dated 09.03.2019.

Court's answer

The prayer sought in general terms cannot be granted; allegations of unauthorized constructions, deviations, encroachments or commercial establishments running without license are to be dealt with by the competent authorities in a specific manner under the provisions of the applicable Act and Rules.

Ratio / Principle

The petitioner is at liberty to give a specific complaint to the competent authority; on receipt of any such complaint, the competent authority is bound to look into it and initiate appropriate actions following the procedures contemplated under the relevant Act and Rules.

Detailed headnote1 paragraphs

Writ of Mandamus under Article 226 filed by a public-spirited petitioner seeking directions to respondents 1 to 8 (District Collectors, Corporation Commissioner, educational officers, Registrar of Societies) to streamline and regulate the administration of educational institutions functioning under the Church of South India Trust Association (10th respondent), alleging conversion of school buildings into commercial complexes and shifting of students to hospitals for education, on the basis of a representation dated 09.03.2019. Held: a prayer couched in general terms cannot be granted; allegations of unauthorized constructions, deviations, encroachments or unlicensed commercial establishments fall to be dealt with by the authorities competent in a specific manner under the provisions of the applicable Act and Rules. The petitioner was granted liberty to submit a specific complaint to the competent authority, which, upon receipt, is bound to look into it and initiate appropriate action in accordance with the procedures contemplated under the relevant Act and Rules. Writ petition disposed of with no costs and connected miscellaneous petitions closed.

W.P.(MD)No.8255 of 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 30.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

AND

THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

W.P.(MD)No.8255 of 2019 and W.M.P.(MD)Nos.6478 to 6480 of 2019

D.Arun Jebaraj ... Petitioner

Vs.

1.The District Collector, Collector Office, Madurai.

2.The District Collector, Dindigul.

3.The District Collector, Ramanathapuram District.

4.The Commissioner, Madurai Corporation, Madurai Corporation Office, Madurai.

5.The Chief Educational Officer (Madurai), Tallakulam, Madurai-2.

6.The District Educational Officer (Madurai), Tallakulam, Madurai-2.

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W.P.(MD)No.8255 of 2019

7.The District Educational Officer (Melur), Melur, Madurai District.

8.The District Educational Officer (Thirumangalam), Tirumangalam, Madurai District.

9.The District Registrar (Societies), Mahal, Madurai-1.

10.Church of South India Trust Association, Rep., by its General Secretary, CSI Centre, Whites Road, Royapettah, Chennai-600 014.

11.Diocese of Madurai and Ramnad Management Association, Rep., by its Bishop,

A.V.H.Building, 1^st Floor, 162, East Veli Street, Madurai.

12.The Head Mistress, R.Mercy Margaret, DMR High School, North Masi Street, Madurai.

13.The Head Mistress, DMR Middle School, Geetha Joy (In charge), Nethaji Road, Madurai.

14.The Head Master, The American College, Higher Secondary School, E.Jebaraj Joshua, Tallakulam, Madurai.

...Respondents

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W.P.(MD)No.8255 of 2019

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 8 to take necessary steps for streamlining, regulating the administration of the educational institutions functioning under the 10^th respondents to prevent conversion of its buildings into commercial complexes and shifting of the students to hospitals for education by the 10^th respondent and monitor its activities on the basis of the petitioner's representation dated 09.03.2019.

For Petitioner : Mr.T.Pon Ramkumar For R1 to R3 : Mr.P.Thilak Kumar, R5 to R9 Government Pleader For R4 : Mr.S.Vinayak For R11, R12 & R14 : No Appearance

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J. )

The Writ on hand has been instituted to direct the respondents 1 to 8 to

take necessary steps for streamlining, regulating the administration of the educational institutions functioning under the 10^th respondent to prevent conversion of its buildings into commercial complexes and shifting of the students to hospitals for education by the 10^th respondent and monitor its activities on the basis of the petitioner's representation dated 09.03.2019.

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W.P.(MD)No.8255 of 2019

2.The prayer in general as such sought for cannot be granted. The allegations of unauthorized constructions, deviations, encroachments or commercial establishments running without license are to be dealt with by the authorities competent in a specific manner under the provisions of the Act and Rules. Regarding the allegations, the petitioner is at liberty to give a specific

complaint to the competent authority and in the event of receiving any such complaint, the authorities competent are bound to look into the same and initiate appropriate actions by following the procedures as contemplated under the relevant Act and Rules.

3.With the above observation, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

(S.M.S., J.) & (A.D.M.C., J.) 30.06.2025

NCC : Yes / No Index : Yes / No

Yuva

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W.P.(MD)No.8255 of 2019

To

1.The District Collector, Collector Office, Madurai.

2.The District Collector, Dindigul.

3.The District Collector, Ramanathapuram District

4.The Chief Educational Officer (Madurai), Tallakulam, Madurai-2.

5.The District Educational Officer (Madurai), Tallakulam, Madurai-2.

6.The District Educational Officer (Melur), Melur, Madurai District.

7.The District Educational Officer (Thirumangalam), Tirumangalam, Madurai District.

8.The District Registrar (Societies), Mahal, Madurai-1.

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W.P.(MD)No.8255 of 2019

S.M.SUBRAMANIAM, J.

AND DR.A.D.MARIA CLETE, J.

Yuva

W.P.(MD)No.8255 of 2019

30.06.2025

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