1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2011 CORAM: THE HONOURABLE MR.JUSTICE P.P.S.JANARTHANA RAJA and THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Writ Petition(MD)No.4398 of 2011 K.Arumugam .. Petitioner Vs. 1.State of Tamil Nadu, represented by its Secretary, Department of School Education, Secretariat, Chennai. 2.The Director, School Education, Directorate, Chennai. 3.The District Collector, Madurai District. 4.The Chief Educational Officer, Madurai District. 5.The Head Master, Government High School, Ayyankottai, Madurai District. .. Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents to construct adequate buildings with all infrastructure including Classrooms, Toilets, Library, Laboratory with furniture and apparatus in Government High School, Ayyankottai, Madurai District and establish playground in the said school and appoint sanitary workers and night watchman within the time stipulated by this Court. For Petitioner : Mr.R.Alagumani For Respondents : Mr.K.Mahendran, Special Government Pleader ORDER (Order of the Court was made by P.P.S.JANARTHANA RAJA, J.) The petitioner has filed this writ petition to direct the respondents to construct adequate buildings with all infrastructure including Classrooms, Toilets, Library, Laboratory with furniture and apparatus in Government High School, Ayyankottai, Madurai District and establish playground in the said school and appoint sanitary workers and night watchman within the time stipulated by this Court. https://hcservices.ecourts.gov.in/hcservices/ 2 2.The brief facts arising out of this writ petition are as under:- The petitioner herein is the Managing Director of Social Justice, a Non-Governmental Organisation functioning for Human Rights Education. The second respondent herein has upgraded 100 Government Panchayat Union/Municipality and Corporation Middle Schools into High Schools. The Panchayat Union Middle School, Ayyankottai is one of the school upgraded as high school by the said order. The said school was constructed in the year 1933 as primary school and in the year 1978, it was upgraded as Panchayat Union Middle School and later the same was upgraded as High School on 06.06.2008. The said school was functioning without proper facilities. There are about 81 boy students and 89 girl students studying in the said Government High School, but there is only one building available in the said school and the same is allotted to the Headmaster. There are no classrooms available to the students and they have to sit under the trees. Also there are no basic facilities available in the school. The petitioner has made a representation on 24.03.2011 and requested the authorities to provide the basic facilities required for the school, but no steps were taken. Therefore, the petitioner has filed the present writ petition with the prayer as stated above. 3.Learned counsel for the petitioner requested the Court to give a suitable direction to the respondents to provide the basic facilities as well as the required amenities to the school. 4.Learned Special Government Pleader appearing for the respondents vehemently contended that the respondents have taken steps to provide the facilities to the school. He also filed counter affidavit on behalf of the fourth respondent. It is stated in the said counter affidavit as under:- “4.It is submitted that the school was upgraded from Middle School to High School in the year 2008-2009. At that time of upgradation from Panchayat Union Middle School into High School, the school has no lands. That is why we are not able to provide classroom and amenities. We are approaching to the District Collector, Madurai to provide the lands for the above said school. 5.It is submitted that the District Collector, Madurai as per Proceedings Na.Ka.No.15368/2010/Y2, dated 29.02.2010 to provide the land for the above said school. The letter was received on 07.01.2011 in this office. 6.It is submitted that I have taken effective steps to provide the additional buildings, laboratories and all infrastructure through the Nabard Scheme, SSA Scheme and RMSA Scheme. I have been submitted that the Nabard proposal submitted by the 5th respondent on 01.02.2011. I have sent the proposal to the Nabard Scheme on 21.04.2011. 7.It is submitted that I have sent the proposal to SSA and RMSA Schemes to provide the classrooms, laboratories, drinking water and toilet facilities. Still now we have not received any funds from the above schemes. As soon as we https://hcservices.ecourts.gov.in/hcservices/ 3 receive funds from the above scheme, we will give first priority to the above said school to provide the requirements mentioned in the writ petition. 8. ... 9. ... 10.It is submitted that I have approached the Government to provide all the amenities required by the petitioner as early as possible.” 5.Heard the counsel and perused the materials available on record. After considering the facts and circumstances of the case and also taking into consideration of the counter affidavit filed on behalf of the fourth respondent wherein it is stated in Paragraph-10 that the third respondent has approached the Government to provide all the amenities required by the petitioner as early as possible, we direct the respondents herein to take quick measures for providing the basic facilities as well as the required amenities to the school as expeditiously as possible, as stated in the counter affidavit. 6.With the above direction, the writ petition is disposed of. No costs. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To 1.The Secretary to the Government, Government of Tamil Nadu, Department of School Education, Secretariat, Chennai. 2.The Director, School Education, Directorate, Chennai. 3.The District Collector, Madurai District. 4.The Chief Educational Officer, Madurai District. 5.The Head Master, Government High School, Ayyankottai, Madurai District. +1cc to Mr.R.Alagumani, Advocate SR.No.22155 +1cc to The Special Government Pleader, SR.No.22190 KM akm/19.7.11 /3p-8c/ W.P.(MD)No.4398 of 2011 07.07.2011 https://hcservices.ecourts.gov.in/hcservices/