Umashankar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.09.2024 CORAM :
THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI UMASHANKAR .. Petitioner Vs
1. THE DISTRICT COLLECTOR CHENGALPET DISTRICT, CHENGALPET
2. THE DISTRICT EDUCATIONAL OFFICER CHENGALPET DISTRICT, CHENGALPET,
3. THE BLOCK DEVELOPMENT OFFICER (VILLAGE PANCHAYAT) THIRUKAZHUKUNDRAM TALUK, CHENGALPET DISTRICT.
4. THE TAHSILDAR THIRUKAZHUKUNDRAM TALUK, CHENGALPET DISTRICT.
.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents herein to forbear the construction of building in and over the land in Survey No.367/11 reserved for school namely Kunnathur Panchayat Union Middle school, Kunnathur Panchayat, Manamai Post, Thirukazhukundram Taluk, Chengalpet District, as it would affect
the teaching learning process and the physical activities to the students of the said school.
For the Petitioner : Mr.R.Dhanasekar For the Respondents : Mr.Karthik Jagannath Government Advocate
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) The petitioner has filed this writ petition, styled as a public interest litigation, to forbear the respondents from constructing a fair price shop in and over the land comprised in Survey No.367/11 reserved for school, namely Kunnathur Panchayat Union Middle school, Kunnathur Panchayat, Manamai Post, Thirukazhukundram Taluk, Chengalpet District.
2. When the matter was taken up on 8.8.2024, we directed the second respondent to inspect the property in question and submit a report.
3. Today, learned Government Advocate filed the report of the
second respondent, wherein it is categorically stated that there is sufficient space for the school to function and the school buildings and the playground are intact. It is further stated that the construction of the fair price shop and the operation of the other buildings in Survey No.367/11 shall not disturb the functioning of the school and the school children. The only request of the School Management Committee is to have the entrance gate of the school in the place where the old fair price shop is located, after demolishing the same.
4. Learned Government Advocate, on instructions, has agreed for erecting the entrance gate of the school in the place where the old fair price shop is located, after demolishing it. The said statement is recorded.
In the light of the report filed by the second respondent and the submission made by learned Government Advocate, the writ petition is disposed of. There shall be no order as to costs. Consequently, W.M.P.No.23118 of 2024 is closed.
(D.K.K., ACJ.) (P.B.B, J.) 18.09.2024 Index :
Yes/No NC :
Yes/No sasi To:
1. THE DISTRICT COLLECTOR CHENGALPET DISTRICT, CHENGALPET
2. THE DISTRICT EDUCATIONAL OFFICER CHENGALPET DISTRICT, CHENGALPET,
3. THE BLOCK DEVELOPMENT OFFICER (VILLAGE PANCHAYAT) THIRUKAZHUKUNDRAM TALUK, CHENGALPET DISTRICT.
4. THE TAHSILDAR THIRUKAZHUKUNDRAM TALUK, CHENGALPET DISTRICT.
THE HON'BLE ACTING CHIEF JUSTICE AND P.B.BALAJI, J.
(sasi) 18.09.2024