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M. Vellandurai Vs. The District Collector Trichy District, Trichy and Others - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberW.A.(MD) No. 968 of 2012 & M.P.(MD) No. 1 of 2012
Judge
AppellantM. Vellandurai
RespondentThe District Collector Trichy District, Trichy and Others
Excerpt:
.....quo was ordered to be maintained especially with regard to the proposed construction for the fair price shop within the school premises and on 18.03.2014, when the matter came up for hearing, this court directed the assistant elementary educational officer, musiri taluk, trichy district / fifth respondent to make a visit to the spot and file a report on 01.04.2014, in respect of the following aspects: i. the total extent of land, on which the school is located on the western side of the road. ii. the total area of construction and the number of class rooms constructed in the land on the western side. iii. the total land area available on the eastern side of the road, which belongs to the school and in which the ration shop is propsed to be constructed. iv. the requirements of the.....
Judgment:

(Prayer: Writ Appeal filed under Clause 15 of Letters Patent to set aside the order, dated 25.09.2012, made in W.P.(MD) No.12488 of 2012, on the file of this Court.)

M. Sathyanarayanan, J.

1. The Appellant, Who Claims To Be the Secretary of Saraswathi Aided Primary School, Abinimangalam, Musiri Taluk, Trichy District, filed a writ petition, in W.P.(MD) No.12488 of 2012, before the Single Bench of this Court, praying for issuance of a writ of mandamus directing the respondents to restore the land in Survey No.334/3 in Abinimangalam Village, Musiri Taluk, Trichy District, to its original condition and to direct them to desist from putting up any construction thereon.

2. The learned Single Judge of this Court, after going through the statement of facts stated in Paragraph Nos.1 and 2 of the affidavit filed in support of the writ petition as well as the typed set of documents, found that there is no document to show that the appellant / petitioner is the present Secretary of the school and the learned Single Judge has also observed that since the appellant / petitioner himself has admitted that he has been thrown out of the administration, he has no locus standi to file the writ petition and hence writ of mandamus sought for by him cannot be issued and ultimately dismissed the writ petition vide impugned order, dated 25.09.2012 and hence the present writ appeal.

3. On 21.11.2012, when the writ appeal came up for admission before this Court, status quo was ordered to be maintained especially with regard to the proposed construction for the Fair Price Shop within the School premises and on 18.03.2014, when the matter came up for hearing, this Court directed the Assistant Elementary Educational Officer, Musiri Taluk, Trichy District / fifth respondent to make a visit to the spot and file a report on 01.04.2014, in respect of the following aspects:

i. The total extent of land, on which the school is located on the western side of the road.

ii. The total area of construction and the number of class rooms constructed in the land on the western side.

iii. The total land area available on the eastern side of the road, which belongs to the school and in which the ration shop is propsed to be constructed.

iv. The requirements of the school, in the event of the expansion of the school in future into a Middle School or High School.

4. Accordingly, on 08.12.2014, the fifth respondent filed a report before this Court indicating, among other things, that as per the Adangal Register, the land in Survey Nos.334/1, 334/2 and 334/3 are classified as ( Tamil ) and in sofar as the land in Survey No.334/3, where the proposed Fair Price Shop is going to be constructed, is having a total extent of 0.02.40 sq.meter and in which there is an unused building in existence and initially Saraswathi Aided Primary School was running in Survey No.334/3 and it was shifted to Survey No.334/1 and since the old school building is in a dilapidated condition, nobody is in occupation of the same and there is also a dispute, with regard to the title over the property, between Arnatu Vellalar Sangam and M.Vellandurai and others, for which a suit in O.S.No.14 of 2008 is pending before the learned District Munsif, Trichy and it is further stated that in terms of Right of Children to Free and Compulsory Education Act, 2009, one middle school within the radius of 3 Kms., and one high school within the radius of 5 Kms., should be available and at present already one high school is running within the radius of 3 Kms., from the said Saraswathi Aided Primary School, which is functioning in Survey No.334/1. 5. The learned counsel appearing for the appellant would submit that the suit in O.S.No.14 of 2008, filed by the rival claimants, came to be dismissed and sofar no appeal has been preferred challenging the same and in the event of putting up a Fair Price Shop near the school premises, the functioning of the school would be affected and hence prays for appropriate orders.

6. Mr.A.K.Baskarapandian, learned Additional Government Pleader, appearing for the respondents would submit that at the outset, the appellant is yet to substantiate the fact that he is the present Secretary of the school and admittedly the school building in Survey No.334/3 has been abandoned and hence the school has been shifted to Survey No.334/1 and since the said building is in a dilapidated condition, it is likely to be fallen down and the land in question is also classified as ( Tamil ) and therefore, taking into consideration the welfare of the public, a fair decision has been taken by the official respondents to demolish the dilapidated condition building and to construct a building for Fair Price Shop in the said land and hence the decision of the official respondents cannot be found fault with. 7. This Court has carefully considered the rival submissions and perused the materials produced.

8. In sofar as the locus standi of the appellant is concerned, no document has been produced to show that he is still acting as Secretary of the school and though the learned counsel for the appellant submitted that the suit filed by the rival claimants, in O.S.No.14 of 2008, as to the secretaryship of the school came to be dismissed, he has not produced any material to that effect. Further, the report of the fifth respondent, pursuant to the order of this Court, dated 18.03.2014, would disclose that the school was initially functioning in Survey No.334/3 and thereafter it was shifted to Survey No. 334/1 and it is functioning there and the existing school building in Survey No.334/3 is in a dilapidated condition and it is likely to be fallen down at any time and the land in question is classified as ( Tamil ) and hence the official respondents took a fair decision to put up a Fair Price Shop in the said land in order to serve the essential commodities to the needy people at a reasonable price and hence the decision of the official respondents cannot be found fault with. Furthermore, no rules and regulations have been cited before this Court by the appellant to substantiate his contention that there is a legal bar for putting up a Fair Price Shop near the school premises and in respect of the apprehension expressed by the appellant that in the event of putting up a Fair Price Shop near the school premises, the functioning of the school would be affected, Mr.A.K.Baskara Pandian, learned Additional Government Pleader, assures that functioning of the school in Survey No.334/1 would noway be affected by the functioning of the Fair Price Shop.

9. In the light of the above facts and circumstances, this Court is of the view that the decision taken by the official respondents cannot be found fault with and hence the writ appeal lacks merit and substance and deserves dismissal.

10. In the result, the writ appeal is dismissed. Consequently, connected miscellaneous petition is closed. However, in the facts and circumstances, there is no order as to costs.


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