IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.12.2025 CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY R.K.K.Veenakumari ... Petitioner Vs

1. The District Educational Officer (Private School), Ondipadur, Coimbatore – 600 016, also having address at:

XXW6+2MX, Raja Street, Coimbatore – 641 001.

2. M/s.Vivekalaya Matriculation School, Educational Institution, Door No.1602, Trichy Road, Coimbatore – 18. ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for an issuance of Writ of Mandamus, to direct the 1^st respondent to take action and conduct inquiry on the basis of the representation of the petitioner dated

24.06.2025.

For Petitioner : M/s.Mehek Asrani For Respondents : Mr.A.M.Ayyadurai Government Advocate for R1 : M/s.R.S.Niranjan for R2

ORDER

This writ petition is filed for a mandamus to direct the 1^st respondent to take action and conduct an enquiry in a time bound manner on the representation of the petitioner dated 24.06.2025.

2. Upon perusing the affidavit, hearing the learned Counsel for the petitioner and perusing the representation, it is the contention of the petitioner that the petitioner is the Co-owner of the property comprised in Door No.1602, Trichy Road, Coimbatore. While so, the 2nd respondent/school is located in the said property. It is the contention of the petitioner that her mother had only a life estate and during her life, the mother had executed a registered Lease Deed in favour of the 2^nd respondent / school. On the passing away of the petitioner’s mother, the lease has to be determined, as the petitioner’s mother could not have alienated leasehold rights beyond her lifetime. The petitioner has not given any consent. Her sister, being the person who is running the school is enjoying the property as if it is her own property. Rule 8 of the Tamil Nadu Private Schools (Regulation) Rules deals with the grant of certificate of recognition. As per Rule 8(6)(c), the land of the school shall be owned or held in lease by the educational agency, by a valid registered document. In the instant case, the lease can no more be held to be a valid lease. In view thereof, it is incumbent on the Authority to conduct an inquiry in the matter and decide the issue. The authority is also entitled to withdraw the recognition as per the provisions of the Act. This apart Section 30 of the Tamil Nadu Private Schools (Regulation) Act, 2018 also places an embargo on the alienation. Therefore, the 1st respondent being the agency that granted the recognition to the school, is liable to look into the representation of the petitioner and decide the issue.

3. Mr.A.M.Ayyadurai, learned Government Advocate is appearing on behalf of the 1^st respondent.

4. Mr.R.S.Niranjan, learned Counsel appearing on behalf of the 2nd respondent / School would submit that in this case, there is a valid lease that is executed and that is in force as on date. There are civil disputes pending between the petitioner and her sister / the correspondent of the 2^nd respondent / School. The entire fact as to the pendency of the civil litigation has been suppressed in the affidavit filed along with the writ petition. O.S.No.774 of 2022 is filed for permanent injunction restraining the petitioner’s sister and the school from altering the physical structures in respect of the very same property and the same is pending on the file of the learned Principal Sub- ordinate Judge, Coimbatore. The petitioner has already filed a suit for partition and all other consequential relief including the cancellation of Lease Deed which includes the subject matter property also in O.S.No.1336 of 2025 and the same is pending on the file of the IVth Additional District, Judge, Coimbatore. A suit is also filed with reference to the ancillary relief of cancellation of a power of attorney and the same is pending in O.S.No. 1827 of 2025 on the file of the Additional District Munsif Court, Coimbatore. In view thereof, the writ petition itself has