1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 03.02.2011 CORAM: THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR AND THE HONOURABLE MR.JUSTICE R.SUBBIAH Writ Petition (MD)No.367 of 2011 K.Vellaisamy ... Petitioner Vs. 1.The Collector, Dindigul District, Dindigul. 2.The District Revenue Officer, Dindigul District, Dindigul. 3.The District Forest Officer, Dindigul Division, Dindigul District, Dindigul. 4.The Tahsildar, Natham Taluk Office, Natham, Dindigul District. (R-4, impleaded as 4th respondent vide order dated 20.01.2011 in M.P.No.1 of 2011) ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to allot the lands measuring 5 acres out of 12 acres in S.No.229/1 in Pudur Village, Natham Taluk, Dindigul District to construct the proposed school building. For Petitioner : Mr.G.Gomathisankar For Respondents : Mr.R.Janakiramulu, Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/ 2 ORDER N.PAUL VASANTHAKUMAR,J This writ petition is filed directing the respondents to allot the lands measuring 5 acres out of 12 acres in S.No.229/1 in Pudur Village, Natham Taluk, Dindigul District to construct the proposed school building. 2. This writ petition is filed by the petitioner on public interest on behalf of the villagers of Paralipudur, Natham Taluk, Dindigul District and there are more than 10 villages in and around the said village. The panchayat union is having four primary schools and one middle school but there is no high school or higher secondary school and the High School is located 7 kms away from the petitioner's village. Therefore, the students are to travel 7 kms for attending their school. There are 750 students studying in the panchayat union primary and middle schools from the petitioner's village and nearby villages. 3. The Panchayat President and local people gave representations to the Chief Minister, District Collector, Chief Educational Officer, District Revenue Officer, Tahsildar and District Forest Officer to upgrade the middle school as high school/higher secondary school. The District Education Officer sent a report on 01.01.2010 to Tahsildar, Natham to get the required land from the poramboke land available in S.No.229/1 where more than 12 acres of land is available and 5 acres of land alone is needed to construct the proposed school building for upgrading the middle school to high school/higher secondary school. According to the petitioner, the Tahsildar inspected the land in S.No.229/1 and subdivided the land and sent a report to the District Collector, Dindigul and the District Revenue Officer. 4. The petitioner has not approached the District Collector by making representation before filing this writ petition. Since all the averments are stated in the affidavit filed in support of this writ petition as well as the recommendation submitted by the District Education Officer, Dindigul to Tahsildar, Natham dated 01.01.2010, the petitioner is at liberty to make a representation to the District Collector, Dindigul within a period of two weeks from the date of receipt of a copy of this order and on receipt of such representation, the first respondent is directed to consider the same in the light of the report submitted by the District Education Officer, Dindigul as well as any report submitted by the Tahsildar, Natham and pass necessary orders, within a period of eight weeks from the date of receipt of the petitioner's representation. No costs. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Collector, Dindigul District, Dindigul. 2.The District Revenue Officer, Dindigul District, Dindigul. 3.The District Forest Officer, Dindigul Division, Dindigul District, Dindigul. 4.The Tahsildar, Natham Taluk Office, Natham, Dindigul District. 5.The District Education Officer, Dindigul. +1 CC to Special Government Pleader (SR.No.4609) +1 CC to Mr.G.Gomathi Shankar, Advocate (SR.No.4284) Order made in Writ Petition (MD)No.367 of 2011 03.02.2011 sms NSV/23.2.11/3P/8C https://hcservices.ecourts.gov.in/hcservices/