K BOSE Vs. DISTRICT COLLECTOR MADURAI DISTRICT

JUDGEMENT

(1.) THE petitioner is aggrieved by the school playground being used as a pathway by the Municipality and by the residents of M.G.R.Nagar and has filed this public interest litigation.

(2.) IT is stated that on 04.07.2008, an Executive Committee Meeting of the Parents and Teachers Association was held in the Government Higher Secondary School, Usilampatti, which is a very old school established in the year 1925. There are 1366 students studying in the said school. The school has also one playground and the children are engaged in extra curricular activities, i.e., 100 students are in National Cadet Corps and 50 students are in National Service Scheme etc. On considering the strength of the school, the Government, in the year 2006, constructed 32 class rooms in the ground available at a cost of Rs.1,25,00,000/ - with the financial aid of NABARD. Even in 2006, the residents of M.G.R.Nagar, felt that it was easy to use the school ground as a pathway as an access to their houses.

(3.) IT is alleged that the sixth respondent had not taken any immediate action to restrain those persons from using the school ground as a pathway. It is further alleged that though a proper road is available on the other side, through which they have an access, they are making an attempt to lay a road to cross the school ground. Though several representations were made to the authorities, there was no positive response. It is also alleged that the safety of the students is under threat and because of the vehicular traffic, the students are also disturbed. A detailed representation was made to the third respondent and by acknowledgment dated 11.10.2007, the third respondent replied that the issue is referred to the fourth respondent. The fourth respondent visited the school premises. No effective action was taken. Finally, the present Writ Petition was filed.