1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.01.2011 CORAM: THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR AND THE HONOURABLE MR.JUSTICE R.SUBBIAH Writ Petition (MD)No.979 of 2011 and M.P.(MD)No.1 of 2011 C.Sathiyadasan @ Sathiyanathan : Petitioner Vs. 1.The District Collector, Collectorate Complex, Thanthonimalai, Karur Taluk & District. 2.The Superintendent of Police, Office of Superintendent, Thanthonimalai, Karur Taluk & District. 3.St.Theresa Parish, Karur Town, rep.by its Head Father, North Pradhakshnam Road, Karur. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the 1st and 2nd respondents not to permit the 3rd respondent to butcher goats, prepare and serve non-vegetarian foods in the school premises at Ward No.3, Block No.2, T.S.No.29/2, 29/3 and 30/3A in an extent of 3.68 acres in which Church, Father's Office and Quarters, St.Theresa Matriculation School, St.Theresa Primary School, School Play Ground, Hostel, etc. are located, on 29.01.2011 and 30.01.2011 or on any other subsequent dates. For Petitioner : Mr.N.Shanmuga Selvam For Respondents : Mr.M.Rajarajan Govt Advocate For Respondent-3 : Mr.B.Saravanan https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R [Order of the Court was made BY N.PAUL VASANTHAKUMAR, J] The prayer in the writ petition is for issuing a writ of mandamus directing the respondents 1 and 2 not to give permission to the 3rd respondent for butchering goats, preparing and serving non-vegetarian foods in the school premises at Ward No.3, Block No.2, T.S.No.29/2, 29/3 and 30/3A in an extent of 3.68 acres in which Church, Father's Office and Quarters, St.Theresa Matriculation School, St.Theresa Primary School, School Play Ground, Hostel, etc. are located, on 29.01.2011 and 30.01.2011 or on any other subsequent dates. 2.The petitioner, who is claiming to be the donor of the land where the school is located, has filed this writ petition in public interest contending that the primary school is having more than 500 girl students, with 10 lady teachers and the said school is an aided school and apart from the said primary school, there is a matriculation school with standards 1 to 12, and more than 1000 students are studying and 50 female teachers are working. According to the petitioner, in the said school premises a women's hostel is functioning and apart from that, an orphanage and also a nuns' hostel are located. It is also stated in the affidavit that the 3rd respondent attempted to demolish the main school building to construct a commercial complex to get rent and hence the petitioner filed a civil suit in O.S.No.597 of 2010 on the file of District Munsif, Karur, and obtained an interim order of status-quo on 19.11.2010 in I.A.No.1015 of 2010 and the said order is still in force. The grievance of the petitioner is that the 3rd respondent is taking steps to conduct a massive feast and lunch in the school premises for two days i.e. on 29.01.2010 and 30.01.2011, which will be attended by more than 1000 people. Pointing out that if the said event is conducted in the school premises, the inmates of the school, particularly nuns, will be affected, the petitioner has filed this petition. 3.The 3rd respondent, on taking notice when the petition was posted for admission, has filed a counter affidavit today stating that food will be served only in the play ground and not in the class rooms and the festival will be celebrated only on 30.012011 and food will be served to the participants only in the play ground on 30.01.2011. It is also stated in the counter affidavit that the said festival called "Punitha Chinnappar Festival" is being conducted for the past 79 years without any untoward incidents. It is further stated that the marriage hall offered by the writ petitioner for conducting all the festival is capable of housing only 200 persons and the said Hall is also in a dilapidated and unused condition. 4.In the light of the said counter affidavit, dated 27.01.2011, filed on 28.01.2011, we are of the view that the apprehension expressed by the petitioner is unsustainable and by permitting the 3rd respondent to serve food only on https://hcservices.ecourts.gov.in/hcservices/ 3 30.01.2011, at the end of the annual festival, that too in the playground, will not cause any hardship to the students or teachers or the nuns. The affidavit filed by the 3rd respondent is recorded. Learned counsel for the 3rd respondent also submitted that food will be prepared only outside the school building. The said statement is recorded. 5.Recording the affidavit of the 3rd respondent, the writ petition is closed. No costs. Connected M.P.(MD)No.1 of 2011 is also closed Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Collectorate Complex, Thanthonimalai, Karur Taluk & District. 2.The Superintendent of Police, Office of Superintendent, Thanthonimalai, Karur Taluk & District. +One cC to M/s.N.Shanmugaselvam, Advocate,SR.No.3629 +One CC to M/s.B.Saravanan, Advocate, SR.No.3396 +One CC to The Spl. Govt. Pleader, SR.No.3587 gb rl/6c – 31.01.2011 ORDER IN WP(MD)No.979/2011 and M.P.(MD)No.1 of 2011 Dated:28.01.2011 https://hcservices.ecourts.gov.in/hcservices/