M.Veerakumar v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.12.2022
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR M.Veerakumar ...
Petitioner versus 1.The State of Tamil Nadu, rep. By its Principal Secretary, Department of Municipal Administration and Water supply, Fort St.George, Chennai 9 2.The Secretary to Government, School Education Department, Fort St.George, Chennai 9 3.The District Collector, Coimbatore District.
4.The Director of School Education, College road, DPI Campus, Chennai.
5.The Commissioner, Mettupalayam Municipality, Coimbatore ...
Respondents
Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus forbearing the respondents from construction Knowledge Centre at Block No.32, Old No.20 part and New S.No.72, Mani Nagar, Mettuapalayam, opposite to the Government Mani Nagar High School, Mettupalayam and consequently, direct them to choose another site in and around Mettupalayam Town for the construction of Knowledge centre project. For the Petitioner :: Mr.K.Raja, for Mr.I.S.Inbadurai For the Respondents :: Mr.R.Shanmugasundaram, Advocate-General, assisted by Ms.A.G.Shakeenaa, for respondents 1 to 4 Mr.P.Muthukumar, State Government Pleader
ORDER
(Made by the Hon'ble Acting Chief Justice) This writ petition has been filed seeking to forebear the respondents from constructing 'Knowledge Centre' at S.No.72, Mani Nagar, Mettupalayam.
2. It is indeed regrettable to see that a writ petition of this nature has been filed. Library is a seat of learning and source of wisdom and enlightenment. It is said that Lord Buddha got enlightenment under Bodhi Tree. Many illustrious men have attained greatness and enlightenment by reading books and visiting libraries. Moreover, in the present world today, it is the endeavour of every nation to promote education in a big way. The prayer made in the writ petition is therefore totally unacceptable because the Government have come forward to open a knowledge centre at Mani Nagar, Mettupalayam with a vision to bring up the people living in hill side and inside the tribal area along with main stream of life, and therefore, the petitioner cannot come to this Court to thwart such a dream project exclusively meant for the downtrodden.
3. Decision to build knowledge centre falls within the domain of the executive. So many factors like population, age group, proposed location of the Knowledge Centre, its approach roads etc. are taken into consideration before making a decision. Courts, therefore, cannot interfere into such aspects of decision making process taken by the State Government.
4. Learned counsel for the petitioner submitted that the current place could be used for setting up Plus One and Plus Two schools instead of building knowledge centre, poor petitioner is unaware of the value and importance of knowledge centre. Hence, he is misconceived to make a prayer in this writ petition.
5. Learned Advocate-General on the basis of written instructions, placed before us the list of higher secondary schools in the present place. They are given as under:
Sl.No.
Name of School Location 1.
Mahajan Higher Secondary 1 to 1.5 kms from the School (aided) Knowledge Centre 2.
Government Higher 2.5 kms from the digital Secondary School (Boys) library, Chikkadasampalayam 3.
Government Higher 3.5 kms from the digital Secondary School (Co-ed) library, Odanthurai
6. In the light of the above, we do not find any merit in the writ petition. The writ petition is dismissed. No costs. Consequently, WMP No.31631 of 2022 is closed.
7. Liberty is given to the petitioner to made a representation to the authorities/department concerned for setting up of more higher secondary schools, if he is so advised.
(T.R., ACJ.) (D.K.K., J.) 01.12.2022 Index: Yes/No tar To 1.The Principal Secretary, Department of Municipal Administration and Water supply, Fort St.George, Chennai 9 2.The Secretary to Government, School Education Department, Fort St.George, Chennai 9 3.The District Collector, Coimbatore District.
4.The Director of School Education, College road, DPI Campus, Chennai.
5.The Commissioner, Mettupalayam Municipality, Coimbatore
T.RAJA, ACJ, and D.KRISHNAKUMAR, J.
(tar) 01.12.2022