The Madurai Bench of Madras High Court dismissed a writ petition filed by an Advocate seeking mandamus to stop a school exhibition in a playground. The court held that the matter did not constitute a public interest litigation.
The writ petition was dismissed and the W.M.P(MD)No.303 of 2016 was closed.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.01.2016 CORAM : THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
Writ Petition (MD) No.375 of 2016 and W.M.P(MD)No.303 of 2016 G.Thirumurugan ... Petitioner
Vs.
1.The Government of Tamil Nadu, rep by its Secretary, Department of School Education, Secretariat, Fort St., George, Chennai.
2.The District Collector, Office of the District Collector, Ramanathapuram District, Ramanathapuram.
3.The Chief Educational Officer, Office of the Chief Educational Officer, Ramanathapuram District, Ramanathapuram.
4.The Headmaster, Raja Higher Secondary School, Ramanathapuram. ... Respondents
Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the Respondent Nos.1 and 2 to take necessary action to stop the exhibition namely the Disneyland Naveena Poluthupokku Porutkatchi being conducted inside the playground of the respondent No.4 School and consequently directing the respondents to allow the students of 4th respondent to play sports and games in the play ground.
For Petitioner : Mr.S.Malaikani
ORDER
(Order of the Court was made by V.RAMASUBRAMANIAN,J.)
The petitioner who is a practising Advocate has come up with the above public interest litigation seeking a mandamus to direct the respondents 1 and 2 to take necessary action against the fourth https://hcservices.ecourts.gov.in/hcservices/ respondent school for conducting an exhibition in the playground for the benefit of the children of the school.
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2.Heard Mr.S.Malaikani, learned counsel for the petitioner.
3.Admittedly, the exhibition is sought to be conducted during holidays, which is for a period of one month. The period during which the fourth respondent proposes to conduct the exhibition has two holidays one for Christmas and another for Pongal. Therefore, we find nothing wrong in the fourth respondent organising an exhibition in the playground.
4.Such matters do not fall within the purview of a public interest litigation. Hence, the writ petition is dismissed. No costs. Consequently, W.M.P.(MD)No.303 of 2016 is closed. Sd/-
Assistant Registrar(AE)
/True Copy/
Sub Assistant Registrar
To
1.The Secretary to Government of Tamil Nadu, Department of School Education, Secretariat, Fort St., George, Chennai.
2.The District Collector,
Office of the District Collector, Ramanathapuram District, Ramanathapuram.
3.The Chief Educational Officer,
Office of the Chief Educational Officer, Ramanathapuram District, Ramanathapuram.
Writ Petition (MD) No.375 of 2016 and W.M.P(MD)No.303 of 2016 08.01.2016
sms NS/GSV-AN/01.02.2016 : 2P/5C
2 issues framed by the court
Whether a petition by an Advocate under Article 226 for mandamus to stop a school exhibition constitutes a public interest litigation
Whether the court had jurisdiction to interfere with the school authority's decision to conduct an exhibition during holidays
1 provisions across 1 enactments
G.Thirumurugan
The Government of Tamil Nadu
The District Collector
The Chief Educational Officer
The Headmaster, Raja Higher Secondary School
V.Ramasubramanian
N.Kirubakaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court