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Madras High CourtWP/34043/2022disposed of

Ggn International School v. The Commissioner

2022-12-20Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.12.2022 THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR GGN International School, represented by its Chairman Mr.G.Narendra, No.1, Naidu Shop Road, Radha Nagar, Chrompet, Chennai 600 044.

... Petitioner Vs.

1. The Commissioner, Tambaram Municipal Corporation, Chennai 600 045.

2. The Municipal Engineer, Pallavaram Municipality, Chennai.

3. The Town Planning Officer, Pallavaram Municipality, Chennai.

... Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, seeking Writ of Mandamus, directing the respondents 1 to 3 to grant permission to provide the petitioner 5 feet wide opening gates on both sides of the park situated at No.1, Naidu Shop Road, Radha Nagar, Chrompet, Chennai 600 044, measuring to an extent of 4995 sq.ft. comprised in survey No.433/1, & 433/2, New T.S.No.10, Bloack No.35 Ward D of Zamin Pallavaram Village, Tambaram Taluk, Kanchipuram District at the cost of the petitioner so that the children can safely move from the school to the playground by considering the petitioner's 1/5

representations dated 06.03.2020, 04.12.2020, 23.12.2021 and 28.06.2022.

For Petitioner : Mr.A.Kumaraguru

ORDER

This writ petition has been filed to direct the respondents 1 to 3 to grant permission to provide the petitioner 5 feet wide opening gates on both sides of the park situated at No.1, Naidu Shop Road, Radha Nagar, Chrompet, Chennai 600 044, measuring to an extent of 4995 sq.ft. comprised in survey No.433/1, & 433/2, New T.S.No.10, Bloack No.35 Ward D of Zamin Pallavaram Village, Tambaram Taluk, Kanchipuram District at the cost of the petitioner so that the children can safely move from the school to the playground by considering the petitioner's representations dated 06.03.2020, 04.12.2020, 23.12.2021 and 28.06.2022.

2. This Writ petition is disposed of at the admission stage itself.

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3. The petitioner is an Educational Institution and their school consists of 259 students. Originally, the school area consisted 37584 sq.ft. Later, in the year 2008, 4995 sq.ft. was handed over to the Pallavaram Municipality, as per OSR Rules and the same is formed as Pallavaram Kids Park. The petitioner school do not have sufficient space for playground within the school campus. Therefore, they made representations to the respondents 1 to 3 on 06.03.2020, 4.12.2020, 23.12.2021 and 28.06.2022 seeking permission to provide 5 feet wide opening gates on both sides of the park, at their costs, so that the children can safely move from the school to the play ground. However, the respondents did not consider the same. Hence the writ petition.

4. Considering the limited scope of prayer, this Court is inclined to pass orders and the respondents 1 to 3 are directed to consider the representation of the petitioner dated 28.06.2022 and to pass order on its own merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order. 3/5

5. With the above direction, this Writ Petition is disposed of. No cost.

20.12.2022 Index: Yes/No Internet: Yes/No mst To

1. The Commissioner, Tambaram Municipal Corporation, Chennai 600 045.

2. The Municipal Engineer, Pallavaram Municipality, Chennai.

3. The Town Planning Officer, Pallavaram Municipality, Chennai.

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N. SATHISH KUMAR, J., mst 20.12.2022 5/5