Balamurugan.P v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD P.Balamurugan ... Petitioner -vs1.The District Collector District Collector's Office Madurai 2.The Commissioner Madurai Corporation Madurai 3.The Director of School Education College Road Nungampakkam Chennai 4.The Chief Educational Officer Tallakulam Madurai

5.The Correspondent U.C.Higher Secondary School Near Periyar Bus Stand Madurai 6.Kremmer Sandegren Foundation-Pattukkottai through its President D.Abrahamdas 16, St.Johns Church Shopping Complex Rockins Road Thiruchirappalli ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 4 to take necessary action and issue orders directing the respondents 5 and 6, the U.C.School Administration to shift the students from dangerous buildings, to make alternate arrangements to run school and to demolish the old and dilapidated school buildings at the earliest on the basis of the petitioner's representation dated 13.08.2022.

For Petitioner :

Mr.Ananda Raj.A.

For Respondents :

Mr.P.Thilakkumar Government Pleader for R1, R3 & R4 Mr.S.Vinayak Standing Counsel for R2 R5 & R6 - Dispensed with

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] Mr.P.Thilakkumar, learned Government Pleader, takes notice for the respondents 1, 3 & 4 and Mr.S.Vinayak, learned Standing Counsel, takes notice for the second respondent.

2. Since the writ petition is disposed of at the admission stage itself and considering the nature of relief sought for by the petitioner, notice to the private respondents is dispensed with.

3. With the consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

4. The prayer in the writ petition is for issuance of a writ of mandamus directing the respondents 1 to 4 to take necessary action and issue orders directing the respondents 5 and 6 to shift the students from the dangerous buildings, to make alternate arrangements to run the school and to demolish the old and dilapidated school buildings at the earliest, on the basis of the petitioner's representation dated 13.08.2022.

5. The learned Government Pleader appearing for the respondents 1, 3 and 4, on instructions, submitted that the allegations raised by the petitioner regarding structural stability of the fifth respondent - School building are unsustainable, in view of the certificate issued by the Building Inspector, who is the competent authority to assess the structural stability of buildings.

6. In view of the above submission of the learned Government Pleader, the grounds raised by the petitioner, who has no competency at all to doubt the structural stability of the fifth respondent - School building, do not inspire confidence of this Court and the writ petition is, therefore, liable to be dismissed.

7. Accordingly, the writ petition is dismissed. No costs. [R.M.D., J.] [J.S.N.P., J.] 05.09.2022 Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, District Collector's Office, Madurai.

2.The Director of School Education, College Road, Nungampakkam, Chennai.

3.The Chief Educational Officer, Tallakulam, Madurai.

R.MAHADEVAN , J.

and J.SATHYA NARAYANA PRASAD, J.

krk 05.09.2022