Solaiappan. G v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.11.2022

CORAM:

THE HON'BLE MR.T.RAJA, THE ACTING CHIEF JUSTICE and THE HON'BLE MR.JUSTICE R.MAHADEVAN W.P.(MD) No.25027 of 2022 G.Solaiappan ... Petitioner -vs1.The District Collector, Virudhunagar District, Virudhunagar.

2.The District Educational Officer, District Educational Office, Virudhunagar District.

3.The Block Development Officer, Kariyapatti Union, Virudhunagar District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the Respondents to construct a new concrete building for Noon Meal Programme Centre in S.No.112/1 in Thimmanpatti Sathriya Nadar Vidhyasalai Primary School Campus situated at Thimmanpatti Village, Mallankinaru Village, Kariyappatti Taluk, Virudhunagar District, based on the Petitioner's representation dated 25.07.2022.

For Petitioner :

Mr.M.Sridharan For Respondents :

Mr.J.Ashok, Additional Government Pleader for R.1 & R.2 Mr.S.P.Maharajan, Special Government Pleader for R.3

O R D E R

[Order of the Court was made by The Hon'ble The ACTING CHIEF JUSTICE] This writ petition has been filed seeking for issuance of a Writ of Mandamus, directing the respondents to construct a new concrete building for Noon Meal Programme Centre in S.No.112/1 in Thimmanpatti Sathriya Nadar Vidhyasalai Primary School Campus situated at Thimmanpatti Village, Mallankinaru Village, Kariyappatti Taluk, Virudhunagar District, based on the petitioner's representation dated 25.07.2022.

2. Heard Mr.M.Sridharan, learned counsel for the petitioner, Mr.J.Ashok, learned Standing Counsel, who accepts notice on behalf of

the respondents 1 and 2 and Mr.S.P.Maharajan, learned Special Government Pleader, who accepts notice on behalf of the third respondent. By consent of both sides, this writ petition is taken up for final disposal at the stage of admission itself.

3. The petitioner namely, G.Solaiappan, S/o.Gurusamy, claiming to be President of Thimmanpatti Sathriya Nadar Vidhyasalai Primary School Management and Administrative Committee, has given a representation dated 25.07.2022 seeking permission to construct a new concrete building for Noon Meal Programme Centre for the reason that the petitioner Management is running the School for poor children's education and welfare, which is also a Government aided School. Since the petitioner's School is located inside the Village, the School is also depending upon the Noon Meal Programme that has been started in name of former Chief Minister Dr.M.G.Ramachandran Noon Meal Programme. The old Noon Meal Programme Centre was located in the petitioner's School Campus in S.No.112/1 at Mallankinaru Village, Kariyapatti Taluk, Virudhunagar District. Due to bad condition, the wall of the old Noon Meal Programme Centre fell down and caused serious damages

also. During Vardah Cyclone, fortunately, the School was closed, as it was not a working day. Therefore, a representation dated 25.07.2022 has been given to the first respondent, to grant permission for constructing a new Noon Meal Programme Centre in the petitioner's school campus, but the respondents have not shown any response or any symptom to consider the said representation. Therefore, the petitioner has been advised to come to this Court.

4.

Learned Additional Government Pleader appearing for the respondents 1 and 2 submitted that the petitioner's representation dated 25.07.2022 to construct a Noon Meal Centre is pending for consideration and if a reasonable time is granted, the petitioner's representation will be considered.

5.

As the petitioner's School is a Government aided School and there is no Noon Meal Programme Centre located in the petitioner's village and for the reason that old Noon Meal Programme Centre also got damaged due to Vardah Cyclone, and thereafter, no steps had been taken to restore or renovate the said damaged Noon Meal Programme Centre,

we do not find any justification for the respondents not to take any action on the petitioner's representation dated 25.07.2022 to grant permission/approval to put up a concrete Noon Meal Programme Centre. Therefore, the 1st respondent/District Collector, Virudhunagar, is hereby directed to consider the pending representation of the petitioner dated 25.07.2022. If there is no Noon Meal Programme Centre in the petitioner's village, the request of the petitioner should be considered. When the petitioner himself has come forward to construct a Noon Meal Programme Centre at his own cost to distribute noon meal to the poor children coming to the School, the first respondent shall consider the genuine request of the petitioner positively, within a period of four weeks from the date of receipt of a copy of this order. 6.

With the above direction, the Writ Petition is disposed of. No costs.

[T.R., A.C.J.] [R.M.D., J.] 04.11.2022 Index : Yes / No Internet :Yes / No bala/smn2

To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The District Educational Officer, District Educational Office, Virudhunagar District.

3.The Block Development Officer, Kariyapatti Union, Virudhunagar District.

THE HON'BLE THE ACTING CHIEF JUSTICE and R.MAHADEVAN , J.

bala/smn2 W.P.(MD) No.25027 of 2022 04.11.2022