U.Sivaraman v. The District Collector/
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.03.2017
CORAM:
THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.5473 of 2017 U.Sivaraman .. Petitioner Vs.
1.The District Collector/ Chairman District Level Education Committee, Sivagangai District, Sivagangai.
2.The District Elementary Educational Officer, Sivagangai District, Sivagangai.
3.The Assistant Elementary Educational Officer, S.Pudur, Thiruppathur, Sivagangai District.
4.The Block Development Officer, S.Pudur, Thiruppathur, Sivagangai District.
5.The Head Master, Panchayat Union Elementary School, Ulagampatti,Thiruppathur, Sivagangai District. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to take suitable action for shifting the Sivagangai District, Ulagampatty Elementary School form the Village Community Hall and utlize its own buildings based on the petitioner's representation dated 02.12.2016 within the period of stipulated time limit. For Petitioner : Mr.A.Prasanna Rajadurai for Mr.S.Muthalraj For Respondents : Mr.K.Guru, 1 to 3 and 5 Additional Government Pleader.
ORDER
[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents to shift the school building on the basis of representation dated 02.12.2016, by way of issuing a writ of mandamus. https://hcservices.ecourts.gov.in/hcservices/
2.Mr.K.Guru, learned Additional Government Pleader, has taken notice for the respondents 1 to 3 and 5. Considering the nature of the relief sought in the writ petition, notice need not be sent to the fourth respondent.
3.The learned counsel appearing for the petitioner has contended to the effect that since the school building has become dilapidated condition, the school children have been shifted to a rental building and no attempts have been taken by the respondents to renovate the existing school building and under the said circumstances a representation has been given on 02.12.2016 and the same has not been considered.
4.It is seen from the records that on 02.12.2016, a representation has been given to the respondents, but the same has not been considered. Under the said circumstances, this Court is inclined to pass the following order.
5.In fine, this writ petition is allowed in part without costs and the first respondent is directed to look into the representation dated 02.12.2016 and take appropriate action within a period of one month.
Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The District Collector/ Chairman District Level Education Committee, Sivagangai District, Sivagangai.
2.The District Elementary Educational Officer, Sivagangai District, Sivagangai.
3.The Assistant Elementary Educational Officer, S.Pudur, Thiruppathur, Sivagangai District.
4.The Block Development Officer, S.Pudur, Thiruppathur, Sivagangai District.
+1 CC to Mr.NA.PALANIYANDI, Advocate, SR No. 18574 SMN PSM/SKN/SAR4/05.04.2017/2P/6C ORDER MADE IN W.P(MD)No.5473 of 2017 28.03.2017 https://hcservices.ecourts.gov.in/hcservices/