Madras High CourtWP(MD)/3186/2025dismissed

Aravind v. The Principal Secretary

2025-02-04Honourable Dr Justice G. Jayachandran,Honourable Ms.Justice R. Poornima8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2025

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA W.P.(MD)No.3186 of 2025 Aravind ... Petitioner -Vs1. The Principal Secretary, Department of Education, Chief Secretariat, St.George Fort, Chennai - 600 009.

2. The Principal Secretary, and Family Welfare Chief Secretariat, St. George Fort, Chennai 600 009.

3. The Principal Secretary, Department of Environmental Climate Change, Chief Secretariat, St.George Fort, Chennai 600 009.

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4. Director, School and Education Department, No. 17, College Road, Subba Road Avenue, Nungambakkam, Chennai 600 008.

5. Joint Director, School and Education Department, No. 17, College Road, Subba Road Avenue, Nungambakkam, Chennai 600 008.

6. District Collector, District Collector Office,

7. Chief Education Officer, Chief Education Office, Madurai Road, Palakkarai, Sangiliyandapuram, Tiruchirappalli 620 008.

8. District Education Officer (Pvt Schools), District Education Office (Pvt Schools), Collector Office Road, Tiruchirappalli 620001.

9. Joint Director, and Family Welfare, 17, V.O.C.Streett, Cantonment,

10. District Environmental Engineer, District Environmental Office, NIT Road, Tiruchirappalli 620 015.

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11. Deputy Director, Tamil Nadu Fire and Rescue Services Department, Central Region, 92 Court Campus,

12. The Commissioner, Tiruchirappalli Corporation, No. 58, Bharthidasan Road, Cantonment,

13. Brindavan Vidyalaya Mat. Hr. Sec. School, 2981c, Mk Kottai Road, Mela Ambika Puram, Tiruchirappalli 620 004.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the official respondents to immediately relocate respondent No. 13, the school to a safe and suitable location that complies with all relevant environmental, health and safety regulations. Furthermore, the respondents should be directed to take all necessary steps, to ensure the safety and well being of the children attending the school, including making alternative arrangements for their education, if needed by considering the petitioner's representation dated 14.11.2024.

For Petitioner : Mr.S.Ramanathan For R1 to R11 : Mr.P.Thilak Kumar, Govt. Pleader For R12 : Mr.K.R.Kishore Ram, for M/s.R.B.Law Associates.

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ORDER

DR.G.JAYACHANDRAN, J.

AND R.POORNIMA , J.

The writ petitioner, claiming himself as an Engineering Graduate and social activist, has filed the present writ petition to closure of the 13th respondent school catering the students from LKG to 12th Grade, since it is closely located near Tiruchirappalli City Municipal Corporation garbage dump.

2. Since no adverse order is going to be passed against the 13th respondent, notice to the 13th respondent is dispensed with. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. Heard the learned counsel on either side.

4. The very framing of the relief under the garb of Public Interest Litigation clearly indicates that the petitioner herein wants to close the 13th respondent school citing proximity of the garbage dump near the school. The intention of the petitioner is very palpable. Inspite of the specific query to the 4/8

petitioner's counsel as to whether there is any alternate vacant land available with the petitioner to relocate the school, the learned counsel appearing for the petitioner is interested only in closure of the school rather than providing alternate site for the school.

5. This Court is surprised to see such a prayer under the garb of Public Interest Litigation. The petitioner would claim himself to be a person in that locality not interested to provide alternate for garbage dump or proper solid waste management. Hence, this writ petition filed with an ulterior motive to close the school is dismissed with costs of Rs.1,50,000/- (Rupees One Lakh and Fifty Thousand only) payable to the Chief Minister's Public Relief Fund. [G.J., J.] & [R.P., J.] 04.02.2025 NCC : Yes / No Index : Yes / No Sm 5/8

1. The Principal Secretary, Department of Education, Chief Secretariat, St.George Fort, Chennai - 600 009.