M.Dharmalingam Vs the District Collector

Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondents 1 to 9 to take appropriate action against the Respondents 10 and 11 for their illegalities and remove them from the school premises and consequently to ensure the safety of Students of the 7th Respondent school viz. Panchayat Union Middle school, Vathalpatti, Badrahalli Panchayat, Pennagaram Taluk, Dharmapuri district, based on the Representation of the petitioners dated 28.11.2024 and 06.12.2024 respectively and pass such a further order.

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For the Petitioners : Mr.M.R.Jothimanian

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https://www.mhc.tn.gov.in/judis

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W.P.No.538 of 2025

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For the Respondents	: Dr.S.Suriya
	Additional Government Pleader
	for RR1 to 5
	Ms.P.Raja Rajeswari
	Government Advocate
	For RR6 & 7
	Dr.C.E.Pratap
	Government Advocate
	for RR 8 & 9
	Mr.K.Bharathi
	for Mr.S.Sakthivel for RR10 & 11

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ORDER

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This Writ Petition is filed for a Writ of Mandamus, to direct the respondents 1 to 9 to take appropriate action the respondents 10 and 11 for their illegalities and to remove them from the school premises and consequently to ensure the safety of the students of the 7^th respondent – School, viz., Panchayat Union Middle School, Vathalpatti, Pennagaram Taluk, Dharmapuri District.

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Pursuant to the directions issued by this Court earlier, the Tahsildar concerned, the Block Development Officer and the District Educational Officer and the Headmaster appeared before this Court virtually and also the Inspector of Police, Eriyur Police Station appeared before the Court.

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The grievance of the petitioners is with regard to the safety and good

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environment relating to the 7^th respondent – School. As far as the 11^th respondent is concerned, today, an order dated 09.01.2025 is produced whereby the Tahsildar, by making humanitarian consideration, has permitted her to temporarily stay in the unused anganwadi building pertains to the 7^th respondent – School, since her house was suddenly demolished.

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When the matter came up for hearing today, the Tahsildar appearing

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virtually / in person submitted that a patta for a free house site is being processed. However, the 11^th respondent is unwilling to move to the said place.

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In response thereof, the learned counsel appearing for the 11^th respondent would submit that he will persuade the 11^th respondent to accept the place that is allotted for her.

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Further, it is brought to the notice of this Court that the 11^th respondent

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has been shifted from the anganwadi building and she is now temporarily

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W.P.No.538 of 2025

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residing along with her relative. Therefore, steps may also be taken to issue the patta to the 11^th respondent and it is made clear, the Government and the Tahsildar are taking a proactive approach considering the humanitarian situation and it is for the 11^th respondent to accept the same and she cannot dictate her own choice with reference to the place.

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As far as the 10^th respondent is concerned, now photographs have been produced before this Court, where it can be seen that apart from the small bunk shop, she also erected a proper light roofing structure surrounding the bunk shop. The structure is on the right side of the main entrance of the 7^th respondent – school and therefore, it may cause some kind of distraction/disturbance for the school.

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At the same time, the learned counsel appearing for the 10^th respondent pleads that the 10^th respondent is a widow and she is selling chocolates and other eatables to the school students and she is not selling any tobacco products or alcohol as alleged in the Writ Petition.

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W.P.No.538 of 2025

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This Court also enquired with the Inspector of Police, who is present before this Court and also the authorities who are present virtually. All of them have categorically answered that the 10^th respondent is only selling chocolates and other snacks etc., for the school children and she is not selling any banned food items.

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In view thereof, the present structure and the manner in which the bunk shop is erected right at the entrance of the school and it may not be permitted. At the same time, since the 10^th respondent pleads livelihood and she is eking out the livelihood by selling snacks, etc., to the children, the Tahsildar - 3^rd respondent can earmark a place nearby to the school which will be conducive for the livelihood of the 10^th respondent, at the same time, it will not in any manner interfere with the functioning of the school, while installing her bunk shop. The 10^th respondent can only have the bunk shop and cannot erect a shed over the bunk shop.

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The prayer in the Writ Petition is disposed of with the above

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directions. It can be seen that the petitioner is very much interested in the functioning of the school. Considering the fact that the school has students of upto the 8^th standard and especially girl children are studying in the school, the petitioner can very well donate a incinerator and a napkin vending machine. The same can be received by the Headmaster and can be placed in the appropriate place in the School.

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The above exercise of relocating of the bunk shop of the 10^th respondent as well as issuance of patta to the 11^th respondent shall be completed within a period of four weeks from the date of receipt of the website uploaded copy of the order, without waiting for the certified copy. No costs. Consequently, the connected miscellaneous petition is closed.

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14.02.2025

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Neutral Citation : No Jer

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To 1. THE DISTRICT COLLECTOR

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W.P.No.538 of 2025