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Judgment
By order dated 18.08.2026, the District Revenue Officer, Madurai, was impleaded as the fourth respondent. Though in the order portion, it is mentioned as the District Revenue Officer, Madurai, but in the cause title, the Revenue Division Officer, Madurai is wrongly mentioned.
Today, when the matter is taken up for hearing, the Additional Government Pleader submitted that the District Revenue Officer, Sivagangai, is the right official to be impleaded as the fourth respondent.
Therefore, once again the Registry is directed to delete the Revenue Divisional Officer, Madurai and in that place implead the District Revenue Officer, Sivagangai. The learned Additional Government Pleader takes notice for the newly impleaded fourth respondent.
Mrs.Mahalakshmi, learned counsel submits that she has filed vakalat for the fifth respondent. The Registry is also directed to verify and print the name of Mrs.Mahalakshmi for the fifth respondent.
The Government Advocate (Crl.side) produced a copy of G.O.(4D)No.64, Home (Police-XIX) Department, dated 07.05.2026. As per the said Government Order, the subject school namely, Ariyava Matriculation Higher Secondary School is one of the property attached with indicative value of the school building property nearly comes to Rs.11,43,38,947/-.
The Government Advocate (Crl.side) submitted that the Government of Tamil Nadu made an interim attachment of the subject school as per the said Government Order. Even then, as per the instructions from the District Revenue Officer as well as the police officials, the second accused in Crime No.07 of 2022, namely, Raja, who is also arrayed as fifth respondent in this writ petition is continuing to administer the school as of now.
The learned Additional Government Pleader submitted that as per Section 31 of the Tamil Nadu Private Schools (Regulation) Act, 2018 r/w Rule 27 of the Tamil Nadu Private Schools (Regulation) Rules, 2023, when the circumstances warranted, the District Educational Officer of the District concern may act as the Competent Authority to draw and disburse pay and other allowances to the Teaching and Non-Teaching staff of the school. For better clarity, Section 31 of the Tamil Nadu Private Schools (Regulation) Act, 2018 r/w Rule 27 of the Tamil Nadu Private Schools (Regulation) Rules, 2023:
Section 31 :(1)Where the competent authority is of the opinion that the school committee of any private school,-(a)is responsible for the maladministration, misappropriation of funds and properties or lapses or irregularities, in such private school; or(b)has wilfully failed to prevent unlawful activities in such private school or has been engaged in such activities affecting the security, sovereignty or integrity of the State or has given protection or aid to any group or organisation banned by the Government; or(c)has wilfully failed to discharge any of the duties imposed on or to perform any of the functions entrusted to such school committee by or under this Act, or any rule or order made thereunder, the competent authority shall, after giving such school committee an opportunity of making representation, for reasons to be recorded in writing, by an order suspend the school committee and appoint a person as special officer till the reconstitution of the school committee, in the interest of the pupil. The competent authority may also suspend the financial powers of the office bearers as an immediate measure, if it is deemed necessary.(2)Where the appointment of a special officer is pending consideration of the Government, the competent authority may resort to direct payment.(3)Where a special officer is appointed under sub-section (1),-(a)the school committee shall cease to discharge the duties imposed on and to perform the functions entrusted to it; and(b)the special officer shall take all such steps as may be necessary to efficiently manage and run the school in accordance with any law applicable to the private school in so far as such law is not inconsistent with this Act.Explanation. - For the purposes of this section, the expression "law" includes any bye-law, rules, regulations, or instrument having the force of law.Chapter-VII Appointment of Staff and their Conditions of Service.
Rule 27: (1) The Special Officer appointed under section 18 or section 31 of the Act shall:
• for a High School and schools below it, be not below the rank of Headmaster of a High School; and
• for a Higher Secondary School, be not below the rank of Headmaster of a Higher Secondary School.
The Special Officer appointed shall perform the functions of the Secretary of the School Committee.
(2)Where the appointment of a Special Officer is pending consideration by the Government, the District Educational Officer concerned shall be the authority competent to draw and disburse the pay and other allowances to the teaching and non-teaching staff of the school.
Now, the Government has passed the abovesaid Government Order. As per the Government Order, the Superintendent of Police, South Zone, Economic Offences Wing, has filed an application in O.A.No.41 of 2026 before the Special Court for TANPID Act, Madurai, for absolute attachment and the hearing of that application is posted for appearance of the person concerned on 03.09.2026.
The learned counsel for the petitioner submitted that after registration of FIR, the second accused in the said FIR in Crime No. 07 of 2022, is continuing to administer the school, which is under the custody of the Government. He would further submit that there is no fairness from the action of the respondent police as well as the competent authority under the TANPID Act. Therefore, he requested that a retired Judge of the Court may be appointed as an Administrator to administer the subject school.
Taking note of the fractional circumstances, it is pathetic to record here that a person who started the school, is facing the criminal proceedings in Crime No.07 of 2022 before the Special Court for TANPID Act, Madurai and the school is now attached as per G.O.(4D)No.64, Home (Police-XIX) Department, dated 07.05.2026, is continuing to administer the school. It is not advisable to continue the school administration by the second accused. Even then, the Government did not take any call to appoint a Special Officer as per Section 31 of the Tamil Nadu Private Schools (Regulation) Act, 2018 r/w Rule 27 of the Tamil Nadu Private Schools (Regulation) Rules, 2023.
Considering the facts and circumstances of the case, this Court is of the considered view until a final call is to be taken by the Government under Section 31 of the Tamil Nadu Private Schools (Regulation) Act, 2018 r/w Rule 27 of the Tamil Nadu Private Schools (Regulation) Rules, 2023 appoints the District Educational Officer, Sivagangai, to act as an interim Administrator to take over the administration of the school immediately.
The learned counsel appearing for the fifth respondent/the second accused in Crime No.07 of 2022 is directed to inform this order to the fifth respondent herein over a phone immediately and to direct him to hand over the administration and all other charges of the subject school to the District Educational Officer, Sivagangai, on 02.09.2026 morning itself without any delay.
The Superintendent of Police, South Zone, Economic Offences Wing, is directed to extend fullest support by placing the facts and data to the District Educational Officer, Sivagangai, to take the administration of the subject school. The learned Government Advocate (Crl.side) as well as the learned Additional Government Pleader are directed to file a report on 03.09.2026, whether the District Educational Officer, Sivagangai has taken the charge of the subject school or not.
The learned Government Advocate (Crl.side) submitted that since the original application in O.A.No.41 of 2026 is posted for hearing on 03.09.2026, the competent authority may move an application for appointing an Administrator of the school.
The competent authority may move an application for appointing an Administrator of subject school. If law permits, let them do so. The learned Special Judge, Special Court for TANPID Act, Madurai, is directed to look into the petition, if any filed and pass suitable orders without influenced by any of the observations made in this orders.
This order is passed only for appointment of an interim Administrator until the Government of Tamil Nadu appoints a Special officer as per the Tamil Nadu Private School Regulation Act read with connected Rules.
List on 03.09.2026.