V.Muthurakkan, S/O.Vellaiyan v. The Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.12166 of 2017 and W.M.P.(MD).Nos.9381 and 9382 of 2017 V.Muthurakkan .. Petitioner Vs.

1.The Government of Tamil Nadu, Rep. by its Principal Secretary, Department of School Education, Secretariat, Chennai - 9.

2.The Sate of Tamil Nadu, Rep. by its Director, Department of Elementary Education, D.P.I. Complex, Chennai - 600 009.

3.The District Collector, Virudhunagar District, Virudhunagar.

4.The District Elementary Education Officer, O/o., the District Elementary Education Office, Virudhunagar District.

5.The Assistant Elementary Educational Officer, O/o., the Assistant Elementary Educational Office, Kariaypatti, Virudhunagar District.

6.The Sarva Seva Schools, Child & Women Welfare Programme of ASSEFA, No.1 Lady Doak College Road, Madurai - 2.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 5 from closing the Government Primary School situated at Vittilarenthal Village, V.Nangoor Post, Kariyapatti Taluk, Virudhunagar District.

For petitioner : Mr.T.Lajapathi Roy For R-1 to R-5 : Mr.T.S.Mohamed Mohideen Additional Government Pleader For R-6 : No Appearance

O R D E R

*********** [Order of the Court was made by G.R.SWAMINATHAN, J.] The case of the writ petitioner is that there is a Primary

School in his village namely Vittilarenthal Village and that there is a proposal to close down the School and shift the students elsewhere.

2. According to the writ petitioner, this School caters to the educational needs of the three villages and therefore closing this School would prejudice public interest. The writ petitioner therefore, seeks to restrain the authorities from closing the Government Primary School situate in Vittilarenthal Village, V.Nangoor Post, Kariyapatti Taluk, Virudhunagar District .

3. The District Elementary Officer, Virudhunagar has filed a counter affidavit pointing out that since the students strength in the School in question has come down, there is a proposal to accommodate the children in nearby Government Schools. Such Schools are situated at a distance of around 2 kilometres. The authorities have taken a stand that students will be taken to the nearby Government School and proper education will be provided. This Court finds the said stand to be reasonable.

4. There is no merit in this writ petition and it stands dismissed. No costs. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To:

1.The Principal Secretary, Department of School Education, Secretariat, Chennai - 9.

2.The Director, Department of Elementary Education, D.P.I. Complex, Chennai - 600 009.

3.The District Collector, Virudhunagar District,Virudhunagar.

4.The District Elementary Education Officer, O/o., the District Elementary Education Office, Kariyapatti, Virudhunagar District.

5.The Assistant Elementary Educational Officer, O/o., the Assistant Elementary Educational Office, Kariaypatti, Virudhunagar District.

+1cc to M/S.T.LAJAPATHI ROY, Advocate SR.No.72087 +1cc to Special Government Pleader, SR.No.72611 km/dss MAS/SKN-RSK/SAR2:13.10.2017:3P-8C W.P.(MD)No.12166 of 2017 and W.M.P.(MD).Nos.9381 and 9382 of 2017 10.08.2017