IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.10.2024 CORAM THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.31530 of 2024 Vethathiri Maharishi Matric Higher Secondary School, Pavalathaanoor, Tharamangalam, Omalur Taluk, Salem District, Rep. by its Chairman, S.Boopathirajan .... Petitioner Vs

1.The State of Tamil Nadu Rep. by its Principal Secretary to Government, School Education Department, Secretariat, Fort St. George, Chennai-600 009.

2. The Director of Town and Country Planning, 2^nd, 3^rd and 4^th Floor, C & E Market Road, Koyambedu, Chennai-600 107.

3.The Director of Private Schools, Directorate of School Education DPI Campus, College Road, Chennai-600 006.

4.The Joint Director (Matric), Directorate of School Education, DPI Campus, College Road, Chennai-600 006.

5.The District Educational Officer (Private Schools), Omalur Education District, Salem District. .... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the 2^nd respondent to open the Web Portal for submission of application for regularization of school building constructed after 01.01.2011 in accordance with G.O. Ms.No.76, Housing and Urban Development Department, dated 14.06.2018 and consequently directed the respondents 4 and 5 to grant renewal of recognition for the petitioner school, based on the representation submitted through Association dated 07.11.2022.

For Petitioner : Mr.J.Jayamalan For R1, R3 to R5 : Mr.P.Rajeswari Government Advocate For R2 : Mr.V.Manoharan Additional Government Pleader

ORDER

This Writ Petition has been filed for a direction, directing the second respondent to open the Web Portal for application to regularize school building, which was constructed after 01.01.2011, in accordance with G.O.Ms.No.76, Housing and Urban Development Department, dated 14.06.2018.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner School was sanctioned with opening permission for classes from LKG to 8^th Standard from the academic year 2012-2013, vide proceedings dated 18.05.2012. Subsequently, it has been upgraded as Higher Secondary School from the academic year 2014-2015 by an order dated 18.12.2013. The petitioner School was granted renewal of recognition, which was subsequently renewed from time to time. While being so, the petitioner constructed the school building without obtaining building permission under the Tamil Nadu Town and Country Planning Act. As per the Tamil Nadu Town and Country Planning Act, 2010, Section 47A has been inserted, which is as follows “47A. Development of land in an area other than planning are – (1) Any person intending to carry out any development on any land in an area other than planning area shall make an application in writing to the local authority for permission in such form and containing such particulars and accompany such documents as may be prescribed.

(2) The local authority shall before according permission under sub-section (1) shall obtain the prior concurrence of the Director and shall collect such fees at such rate as may be prescribed.

4. Therefore, the Education Department has initiated DTCP approval for schools constructed prior to 01.01.2011, based on the plan approval granted by the Executive Authority of Village Panchayat for the purpose of granting renewal of recognition or upgradation of school. It was challenged before this Court in a batch of writ petitions and this Court, by an order dated 28.10.2022, disposed of the writ petitions with the following directions :

“That the members of the petitioners herein, who are the education institutions/schools or its Managements if made any construction for the purpose of running their educational institutuions or schools after getting approval or without approval prior to 01.01.2011, the date on which Section 47-A of the Act has come into force, need not make any fresh application to the planning or building autho