Madras High Court Halts Construction Of Church On Aided School Land
|The Court passed interim directions to preserve the land and building utility of a 70-year-old state-aided school in Thirupathur district till June 22, 2026.
The Madras High Court has directed status quo until June 22, 2026, on a disputed 6,545-square-foot parcel of Sarkar Poramboke land in Thuthipattu Village, Ambur Taluk, currently housing a 70-year-old state-aided primary school.
The interim order, passed by the Bench of Justice G.R. Swaminathan, halted the unauthorized construction of a church on the educational premises, which sit adjacent to a 5,000-year-old heritage Bindu Madhava Perumal Temple.
Advocate M.Ramamoorthi appeared for the Petitioner, while AAG T.Gowthaman appeared for the Respondent.
The dispute centered around a parcel of land measuring approximately 6,545 square feet, situated in Thuthipattu Village, Ambur Taluk, Thirupathur District. Originally, the land belonged to one Srinivasa Naidu and was subsequently classified as Sarkar Poramboke (government wasteland). Near a 5,000-year-old Bindu Madhava Perumal Temple, this land became the focal point of a legal battle concerning public education and religious conversion of land utility.
Approximately seventy years ago, the original occupier, Srinivasa Naidu, handed over the land to John Sundar for the explicit purpose of establishing a primary school for the village children. John Sundar established the institution, which was subsequently renamed the IELC Primary School in 1991.
The conflict erupted in May 2023 when the 9th Respondent began constructing a church on the very premises where the IELC Primary School operated. Concurrently, the student strength was systematically reduced from 300 to just 90 for the 2023–2024 academic year.
This unauthorized alteration of an educational building into a religious structure sparked severe objections from the local villagers, leading to an imminent apprehension of a breach of peace. Consequently, on May 21, 2023, the Revenue Divisional Officer (RDO), Vaniyambadi (the 6th Respondent), initiated preventive proceedings under Section 107 of the Code of Criminal Procedure (Cr.P.C.) and issued summons for an inquiry.
On May 27, 2023, the RDO passed an order and noted the 9th Respondent's own admission that an aided primary school functioned on the subject land. The RDO directed the 9th Respondent to remove the illegally constructed portions of the church and tower. Furthermore, the order explicitly mandated that any such construction required prior approval from the District Collector, as prescribed under G.O.Ms.No. 255, Rural Development (C2) dated August 18, 1992.
Defying these directives, the 9th Respondent, in alleged collusion with local subordinate revenue officials, managed to manipulate the land records. The classification was illegally altered from Sarkar Poramboke to Ryotwari, and the registry entry was changed from Srinivasa Naidu to the "IELC."
Aggrieved by this, the villagers submitted representations to the Sub-Collector and the District Collector on June 5, 2023, exposing the fraud. However, on June 20, 2023, the District Collector merely endorsed the petition, directing the villagers to seek relief before the competent civil court.
The administrative machinery moved again early the following year. On January 21, 2024, the Joint Director of Elementary Education (Aided Schools, Chennai) directed the District Educational Officer (DEO) to take appropriate action, prompting the DEO to initiate a formal inquiry on March 4, 2024. Simultaneously, on April 21, 2024, the RDO commenced separate proceedings to cancel the fraudulently issued patta.
The final provocation occurred on May 29, 2024. The 9th Respondent approached the District Collector (the 5th Respondent), misrepresenting the entire school property as an old church building undergoing simple renovation. Suppressing the existence of the primary school, the 9th Respondent obtained a favorable proceeding.
Citing a government clarification letter, the District Collector ruled that since it was an "old church," no prior permission or approval was required. This impugned order was passed ex-parte, without issuing any notice to the aggrieved villagers or the petitioner.
The plea stated, "The concept of "Neighbourhood school" is a mandatory one under section 3 of the Right of children to Free and compulsory Edurcation Act 2009. "Neighbourhood school" means the nearest primary/upprer primary school within the walking distance from the child's residence. The Neighbourhood school concept rerates to availability of a school within safe and accessible distance from the habitation where a child lives."
Faced with the permanent closure of their local educational facility, the petitioner, S. Jaishankar, moved a Writ Petition under Article 226 of the Constitution before the High Court. The writ challenged the District Collector’s order on several vital legal grounds: 1. The school constituted a "Public Building" under Rule 2(g) of the Tamil Nadu Panchayat Building Rules, 1997, and its conversion violated the Tamil Nadu Combined Development and Building Rules, 2019. 2. The closure directly subverted the mandate of a "Neighbourhood School" as guaranteed under Section 3 of the Right of Children to Free and Compulsory Education (RTE) Act, 2009, which secures a child's right to access primary education within a safe, walking distance from their habitation. 3. The state authorities acted ultra vires by overriding the RDO's prior statutory findings without affording the affected community a right to be heard.
Cause Title: S. Jaishankar v. State Through Secretary To The Government and Ors.[WP No. 31584 of 2024]
Appearances:
Petitioner: Advocate M.Ramamoorthi
Respondents: AAG T.Gowthaman, Advocates S. Sivavarthanan and Muthukumar