Madras High CourtWP(MD)/313/2022disposed of

Shanmugam.S v. The State Of Tamilnadu

2022-03-30Honourable Mr Justice Paresh Upadhyay,Honourable Mr Justice R.Vijayakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE PARESH UPADHYAY and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No. 313 of 2022 S.Shanmugam .. Petitioner Vs 1.The State of Tamil Nadu, Represented by its, The Principal Secretary, Public Works Department, State Secretariat, Fort St. George, Chennai - 600 009.

2.The State of Tamil Nadu, Represented by its, The Principal Secretary, Department of School Education, State Secretariat, Fort St. George, Chennai - 600 009.

3.The Commissioner, Directorate of School Education, DPI Complex, College road, Chennai - 600 006.

4.The District Collector, Office of the District Collector, Pudukkottai District.

5.The District Educational Officer, Office of the District Educational Officer, 6.The Principal, Government High School, Thirumananjeri, Thirumananjeri Post, Karambakudi Taluka, .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents (a) to construct a concrete compound wall in Thirumananjeri High School, Karambakudi Taluk, Pudukottai District. (b) to appoint watchman in Thirumananjeri High School, Karambakudi 1/3

Taluk, Pudukottai District, (c) to install a Napkin vending machine and Incinerators in Thirumananjeri High School, Karambakudi Taluk, Pudukkottai District, (d) to provide potable drinking water facilities in Thirumananjeri High School, Karambakudi Taluk, Pudukkottai District and (e) to provide adequate toilets and water facilities for toilets in Thirumananjeri High School, Karambakudi Taluk, Pudukkottai District.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.S.P.Maharajan, Special Government Pleader

ORDER

[Made by PARESH UPADHYAY, J.] 1.

This petition is styled as public interest litigation. The prayer clause of the petition reads as under:- "For the reasons stated in the accompanying affidavit, the petitioner most respectfully prayed that this Hon'ble Court may be pleased to issue writ of mandamus or any other writ or direction or order in the nature of writ direct the respondents: (a) to construct a concrete compound wall in Thirumananjeri High School, Karambakudi Taluk, (b) to appoint watchman in Thirumananjeri High School, Karambakudi Taluk, Pudukottai District, (c) to install a Napkin vending machine and Incinerators in Thirumananjeri High School, Karambakudi Taluk, Pudukkottai District, (d) to provide potable drinking water facilities in Thirumananjeri High School, Karambakudi Taluk, Pudukkottai District and (e) to provide adequate toilets and water facilities for toilets in Thirumananjeri High School, Karambakudi Taluk, Pudukkottai District."

Pursuant to the order of this Court dated 07 January 2022, certain grievances are already stated to have been redressed. Some are still pending.

Having heard learned advocate for the petitioner and having considered the material on record, including the material annexed with the status report submitted by the State we find that, the functioning of government machinery can not be regulated in exercise of powers under Article 226 of the Constitution of India, beyond a point. No further direction needs to be given in this petition.

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4. In view of above, writ petition is disposed of. No costs. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) ssm/18 To 1.The Principal Secretary State of Tamil Nadu, Public Works Department, State Secretariat, Fort St. George, Chennai - 600 009.

2.The Principal Secretary, Department of School Education, State Secretariat, Fort St. George, Chennai - 600 009.

3.The Commissioner, Directorate of School Education, DPI Complex, College road, Chennai - 600 006.

4.The District Collector, Office of the District Collector, Pudukkottai District.