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Madras High CourtWP/22849/2017disposed of

A.Prakash, Advocate v. The Secretary

2017-08-28Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 28.08.2017

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE N.SESHASAYEE WP.No.22849/2017 A.Prakash ..Petitioner

Versus

1. The Secretary Department of School Education Fort St George, Secretariat, Chennai 600 009.

2. The District Collector Ariyalur District, - 621 705.

3. The Director of Public Library No.737, Anna Salai, LLA Building Chennai 600 002.

4. The District Library Officer The Office of District Library Officer Ariyalur District.

5. The Special Officer Anandavaadi Village Panchayat Anandavaadi Village, Ariyalur District.

6. The Secretary Department of Rural Development Fort St George, Secretariat, Chennai 600 009.

7. The Block Development Officer The Block Development Office, Senthurai Taluk, Ariyalur District.

.. Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 7th respondent to consider the petitioner representation dated 09.08.2017 and further direct the 7th

respondent to take immediate necessary steps to inaugurate the Public Library Building, Anandavaadi Village, Ariyalur District, constructed under Anaithu Grama Anna Marumalarchi Thittam 20082009 in the interest and welfare of students and villagers of Anandavaadi village and nearby surrounding villages. For Petitioner : Mr.S.Silambu Selvan For Respondents : Mrs.Vasudha Thiagarajan, AGP

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.] By consent, the writ petition is taken up for final disposal.

Mrs.Vasudha Thiagarajan, learned Additional Government Pleader accepts notice on behalf of the respondents 1 to 7.

The petitioner in the affidavit filed in support of this writ petition would aver among other things that he is a resident of Kadugur village and would submit that Anandavaadi Village is the adjacent village wherein 3500 people are residing and the students hailing from the said village are studying in Government schools and after school hours, used to develop their skill and general knowledge by studying books relating to other subjects and to meet out their needs, a public library was constructed under the scheme "Anaithu Grama Anna Marumalarchi Thittam 2008-2009" and it was completed in the year 2009. The grievance expressed by the petitioner is that though the construction was completed in all respects during the year 2009, it is yet to be inaugurated and in this regard representations dated 01.08.2017 and 09.08.

2017 have been submitted to the respondents apart from the earlier personal representation and since no response is forthcoming, the petitioner is constrained to approach this Court, by filing the present writ petition. The learned counsel for the petitioner has invited the attention of this Court to photographs available at page Nos.18 and 19 of the typed set of papers and would submit that though public money has been spent for the Library for the benefit of the village students under the "Anna Marumalarchi Thittam" , it is yet to be inaugurated and thereby, depriving the village students for assimilation of their general knowledge which would enable them to participate in the competitive examination conducted by the State Government as well as the Central Government and hence, prays for appropriate orders.

The learned Additional Government Pleader appearing for the respondents seeks time to get institutions as to the noninauguration of the Public Library. This Court has considered the rival submissions and also perused the materials placed before it.

It is the specific case of the petitioner that a Public Library has been constructed through the above said scheme and for the past 8 years, it has not been inaugurated. A perusal of the photographs also paint a very sorry picture. It is also to be noted at this juncture that public money is being spent, for the advancement of a noble object to educate the village students and to improve their general knowledge and for the past eight years, it has not been inaugurated and it prima facie appears to be irresponsible and the concerned respondent has exhibited carelessness and inapt attitude.

In the light of the above facts and circumstances, this Court directs the respondents 1 and 3 to consider the petitioner's representations dated 01.08.2017 and 09.08.2017 respectively on merits and in accordance with law and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

The writ petition stands disposed of with the above direction. No costs.

List the writ petition for reporting compliance on 01.11.2017.

Sd/- Asst.Registrar (CS III ) /true copy/ Sub Asst. Registrar AP To

1. The Secretary Department of School Education Fort St George, Secretariat, Chennai 600 009.

2.The District Collector Ariyalur District, - 621 705.

3.The Director of Public Library No.737, Anna Salai, LLA Building Chennai 600 002.

4.The District Library Officer The Office of District Library Officer Ariyalur District.

5.The Special Officer Anandavaadi Village Panchayat Anandavaadi Village, Ariyalur District.

6.The Secretary Department of Rural Development Fort St George, Secretariat, Chennai 600 009. 7.The Block Development Officer The Block Development Office, Senthurai Taluk, Ariyalur District.

Copy to:- The Section Officer, Writ Section (Posting), High Court, Madras-104.

(for watching posting on 01.11.2017) +1cc to the Government Pleader, Sr. 61679 +1cc to Mr.S.Silambu Selvan, Advocate Sr.61929 WP.No.22849/2017 SV(CO) VR(04/10/2017)