D.Raju, S/O.Devasagayam v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2016
CORAM:
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.[MD].No.16174 of 2016 and W.M.P.(MD).Nos.11826 and 12640 of 2016 D.Raju .. Petitioner Vs.
1.The State of Tamil Nadu, rep. by its Secretary to the Government, School Education Department, Secretariat, Fort St. George, Chennai.
2.The Director, Directorate of School Education, DPI Complex, Nunkampakkam, Chennai - 600 006.
3.The District Collector, Office of the District Collector, Ramanathapuram District.
4.The Chief Educational Officer, Office of the Chief Educational Officer, Aranmanai, Ramanathapuram.
5.The District Educational Officer, Office of the District Educational Officer, Aranmanai, Ramanathapuram.
6.The Headmaster, Schwartz Higher Secondary School, Ramanathapuram.
...
Respondents PRAYER:
Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents 1 to 5 to conduct a detailed enquiry with regard to the construction of commercial building overlapping the playground of the Schwartz Higher Secondary School, Ramanathapuram and
consequently to initiate necessary action against persons responsible for within a stipulated time.
For Petitioner : Mr.S.Malaikani For respondents : Mr.T.R.Janarthanam, 1 to 5 Addl. Government Pleader For 6th respondent : Mr.N.Anantha Padmanabhan
O R D E R
[Order of the Court was made by S.NAGAMUTHU, J.] The petitioner, claiming to be a member of a political party and also claiming to be an old student of the fifth respondent school, has come up with this Writ Petition under the guise of a Public Interest Litigation, seeking a direction to the respondents 1 to 5 to conduct detailed enquiry with regard to the construction of commercial building overlapping the playground of the Schwartz Higher Secondary School, Ramanathapuram and consequently to initiate necessary action against persons responsible for the same.
2.We have heard the learned counsel for the petitioner, the learned Additional Government Pleader appearing for the respondents 1 to 5 and the learned counsel appearing for the 6th respondent.
3.In the counter affidavit filed by the 6th respondent / Headmaster of the School, it is stated that by the construction of the shops, there is absolutely no reduction in the place left and meant for playground purposes within the school premises and the area earmarked for the new construction is only all along the compound wall of the southern side of the school. It is further stated in the counter affidavit that the petitioner is a busybody and a trouble monger and without having public interest, he has made an attempt to harass the school authorities. It is also stated that the petitioner, being a person of such social status as a political leader in the area, has not contributed anything for the development of the school, despite the fact that he called himself as a old student of the school. It is further stated that there was no record to show that he was very much interested in the sports activity.
4.The learned counsel for the sixth respondent has also produced the photographs and the approved plan in respect of the construction of the commercial complex.
5.We have perused the records. In our considered view, there is no public interest at all involved in this Writ Petition. The school has got a vast area to augment the school authority to run the school. The proposed building is going to be constructed only on the southern side of the compound wall. A perusal of the photographs would go to show that it is noway hindrance to the school authority to run the school, including the sports activity. 6.In our considered view, the petitioner has come up with this petition only with ulterior motive and there is no merit at all in this Writ Petition. This Writ Petition deserves only to be dismissed and accordingly, the same is dismissed. No costs. Consequently, connected miscellaneous petitions are also dismissed.
Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar To 1.The Secretary to the Government, School Education Department, Secretariat, Fort St. George, Chennai.
2.The Director, Directorate of School Education, DPI Complex, Nunkampakkam, Chennai - 600 006. 3.The District Collector, Office of the District Collector, Ramanathapuram District. 4.The Chief Educational Officer, Office of the Chief Educational Officer, Aranmanai, Ramanathapuram.
5.The District Educational Officer, Office of the District Educational Officer, Aranmanai, Ramanathapuram.
6.The Headmaster, Schwartz Higher Secondary School, Ramanathapuram. +1 CC to M/s.S.MALAI KANI, Advocate, SR No.54142 +1 CC to M/s.N.ANANTHAPADMANABAN, Advocate, SR No.53476 +1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No.53966 Order made in W.P.[MD].No.16174 of 2016 gcg 19.09.2016 SH/SS-2:05.10.2016:3P/10C