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Madras High CourtWP(MD)/3070/2021disposed of

Soundarya.M v. State Of Tamil Nadu, Rep. By

2021-02-18Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI W.P.(MD)No.3070 of 2021 (Through Video Conferencing) M.Soundarya : Petitioner Vs.

1.State of Tamilnadu represented by Department of School Education State of Tamilnadu State Secretariat, Fort St. George, Chennai.

2.State of Tamilnadu, represented by The Principal Secretary Dept of Revenue and Disaster Management, State of Tamilnadu Chennai.

3.State of Tamilnadu represented by The Director, Directorate of Public Libraries 737/1 Anna Salai Chennai.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct the respondents to open all the public libraries functioning under the respondent No.1 and respondent No.3 in the State of Tamilnadu forthwith in an full fledged manner, with the condition to adhere strictly to the guidelines of social distancing in accordance with law.

For Petitioner : Mr.R.Alagumani For Respondents : Mrs.S.Srimathy Special Government Pleader

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner has come forward to file this pro bono litigation seeking a direction to open all the Libraries and work them functioning as done prior to Pandemic situation. 1/3

2.The learned Special Government Pleader appearing for the respondents submitted that the restriction continues only for the village Libraries and other Libraries are functioning as usual prior to the Pandemic.

3.We do not find any reason or logic behind having restricted usage of library for villagers. There is no difference between a library situated in the city and town on the one hand and the village on the other hand. In fact, the libraries would be required to the villagers and number of persons attending the Library will be lesser. It is well known that pandemic has not spread to the villages as done to the cities and towns. In such view of the matter, we direct the respondents to open the Libraries in the villages throughout the State bringing the same position prior to pandemic. The aforesaid action will have to be done within four weeks from the date of receipt of a copy of this order. 4.Insofar as the other grievance of the petitioner, which is with respect to opening of Folk Art Library, for which proposal has been sent, we direct the respondents 1 and 3, as the case may be, to consider the same and take appropriate decision within eight weeks from the date of receipt of a copy of this order.

5. Similarly, insofar as the new Library, for which, construction is already over at Vandiyur, Madurai District, the respondents will have to take a decision fixing a date for opening. Appropriate action as is required to be taken within four weeks from the date of receipt of a copy of this order.

6. The writ petition stands disposed of with the aforesaid directions. No costs.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) RR Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.Department of School Education State of Tamilnadu, State Secretariat, Fort St. George, Chennai.

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2.The Principal Secretary Dept of Revenue and Disaster Management, State of Tamilnadu,Chennai.

3.The Director, Directorate of Public Libraries 737/1 Anna Salai Chennai.

+1 CC to M/s.SPL GP ( SR-6469[F] dated 22/02/2021 ) Dated: 18.02.2021 TP(CO) KB(03.03.2021) 3P 5C 3/3