Dismissed¶47

Aravind v. The Principal Secretary

MADRAS HIGH COURT (Madurai Bench) – W.P.(MD) No.3186 of 2025

Madras HC4 Feb 2025WP(MD)/3186/2025

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Case brief

AI extract

What is this about?

Public Interest Litigation dismissed; writ of mandamus under Article 226; school relocation/closure; Brindavan Vidyalaya Mat. Hr. Sec. School Tiruchirappalli; proximity to municipal garbage dump; solid waste management; ulterior motive; costs Rs.1,50,000 to Chief Minister's Public Relief Fund; Madurai Bench; environmental health safety of schoolchildren; representation dated 14.11.2024.

What did the court decide?

The Court found the petitioner's intention 'very palpable': although specifically queried whether any alternate vacant land was available to relocate the school, the petitioner's counsel was interested only in closure of the school rather than providing an alternate site, showing the petition was filed with an ulterior motive under the garb of Public Interest Litigation. ¶42

Aravind Vs The Principal Secretary — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether respondent No.13 school (Brindavan Vidyalaya Mat. Hr. Sec. School, catering students from LKG to 12th Grade), closely located near the Tiruchirappalli City Municipal Corporation garbage dump, should be relocated to a safe and suitable location complying with environmental, health and safety regulations, with arrangements for the safety and education of the attending children. +1 more

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Ratio / Principle

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Key takeaways

The writ petition, framed under the garb of Public Interest Litigation and filed with an ulterior motive to close the 13th respondent school, was dismissed with costs of Rs.1,50,000/- payable to the Chief Minister's Public Relief Fund.ratio¶47

Detailed headnote1 paragraphs

MADRAS HIGH COURT (Madurai Bench) — W.P.(MD) No.3186 of 2025 — Aravind v. The Principal Secretary, Department of Education and 12 others (incl. Brindavan Vidyalaya Mat. Hr. Sec. School, respondent No.13) — Dr. G. Jayachandran, J. and R. Poornima, J. — 04.02.2025. A writ petition under Article 226 seeking a mandamus to relocate the 13th respondent school (LKG to 12th Grade), situated close to the Tiruchirappalli City Municipal Corporation garbage dump, and to ensure the safety and education of its children, was DISMISSED WITH COSTS of Rs.1,50,000/- payable to the Chief Minister's Public Relief Fund. Held: the relief framed 'under the garb of Public Interest Litigation' betrayed an ulterior motive to close the school; on a specific query, the petitioner showed no interest in providing an alternate site, wanting only closure. Notice to respondent No.13 was dispensed with as no adverse order was passed against it; the petition was disposed of at the admission stage by consent.

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W.P.(MD) No.3186 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 04.02.2025

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CORAM:

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THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND

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THE HONOURABLE MS.JUSTICE R.POORNIMA

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W.P.(MD)No.3186 of 2025

Aravind

... Petitioner

-Vs-

The Principal Secretary, Department of Education, Chief Secretariat, St.George Fort, Chennai - 600 009.

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The Principal Secretary, Department of Health, Medical Education and Family Welfare Chief Secretariat, St. George Fort, Chennai 600 009.

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The Principal Secretary, Department of Environmental Climate Change, Chief Secretariat, St.George Fort, Chennai 600 009.

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

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W.P.(MD) No.3186 of 2025

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4. Director,

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School and Education Department, No. 17, College Road, Subba Road Avenue, Nungambakkam, Chennai 600 008.

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Joint Director, School and Education Department, No. 17, College Road, Subba Road Avenue, Nungambakkam, Chennai 600 008.

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District Collector, District Collector Office, Tiruchirappalli 620 001.

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Chief Education Officer, Chief Education Office, Madurai Road, Palakkarai, Sangiliyandapuram, Tiruchirappalli 620 008.

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District Education Officer (Pvt Schools), District Education Office (Pvt Schools), Collector Office Road, Tiruchirappalli 620001.

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Joint Director, Department of Health, Medical Education and Family Welfare, 17, V.O.C.Streett, Cantonment, Tiruchirappalli 620 001.

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District Environmental Engineer, District Environmental Office, NIT Road, Tiruchirappalli 620 015.

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

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W.P.(MD) No.3186 of 2025

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11. Deputy Director,

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Tamil Nadu Fire and Rescue Services Department, Central Region, 92 Court Campus, Tiruchirappalli 620 001.

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The Commissioner, Tiruchirappalli Corporation, No. 58, Bharthidasan Road, Cantonment, Tiruchirappalli 620 001.

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Brindavan Vidyalaya Mat. Hr. Sec. School, 2981c, Mk Kottai Road, Mela Ambika Puram, Tiruchirappalli 620 004. ... Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the official respondents to immediately relocate respondent No. 13, the school to a safe and suitable location that complies with all relevant environmental, health and safety regulations. Furthermore, the respondents should be directed to take all necessary steps, to ensure the safety and well being of the children attending the school, including making alternative arrangements for their education, if needed by considering the petitioner's representation dated 14.11.2024.

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For Petitioner : Mr.S.Ramanathan For R1 to R11 : Mr.P.Thilak Kumar, Govt. Pleader For R12 : Mr.K.R.Kishore Ram, for M/s.R.B.Law Associates.

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

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W.P.(MD) No.3186 of 2025

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DR.G.JAYACHANDRAN, J. AND R.POORNIMA , J.

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ORDER

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The writ petitioner, claiming himself as an Engineering Graduate and social activist, has filed the present writ petition to closure of the 13^th respondent school catering the students from LKG to 12^th Grade, since it is closely located near Tiruchirappalli City Municipal Corporation garbage dump.

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Since no adverse order is going to be passed against the 13^th respondent, notice to the 13^th respondent is dispensed with. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

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Heard the learned counsel on either side.

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The very framing of the relief under the garb of Public Interest Litigation clearly indicates that the petitioner herein wants to close the 13^th respondent school citing proximity of the garbage dump near the school. The intention of the petitioner is very palpable. Inspite of the specific query to the

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

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W.P.(MD) No.3186 of 2025

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petitioner's counsel as to whether there is any alternate vacant land available with the petitioner to relocate the school, the learned counsel appearing for the petitioner is interested only in closure of the school rather than providing alternate site for the school.

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This Court is surprised to see such a prayer under the garb of Public Interest Litigation. The petitioner would claim himself to be a person in that locality not interested to provide alternate for garbage dump or proper solid waste management. Hence, this writ petition filed with an ulterior motive to close the school is dismissed with costs of Rs.1,50,000/- (Rupees One Lakh and Fifty Thousand only) payable to the Chief Minister's Public Relief Fund.

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[G.J., J.] & [R.P., J.] 04.02.2025

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NCC : Yes / No Index : Yes / No Sm

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

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