IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.03.2022

CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE

AND

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

W.P.No.5320 of 2022

and

W.M.P.Nos.5408 and 5410 of 2022

A.Vasanth

... Petitioner

vs

1. The Managing Director,

Tamil Nadu Adi Dravidar Housing &

Development Authority,

No.31, Cenotaph Road, 2nd Lane,

Teynampet, Chennai-18.

2. The District Collector,

Collectorate, Salem & District.

3. The Joint Director,

Adi Dravidar Welfare Department,

Collectorate, Salem & District.

4. The Block Development Officer (BDO),

Panchayat Union Office,

Omalur & Taluk, Salem District.

5. The Block Educational Officer (BEO),

Panchayat Union Office,

Omalur & Taluk, Salem District.

6. Jayasudha

... Respondents

Prayer: Petition filed under Article 226 of the Constitution of

India for issuance of a Writ of Mandamus directing the 1st

respondent to conduct a discreet enquiry about two different

proceedings through the proceedings Na.Ka.No.1472/2020/T4 dated

22.07.2021 issued by the 4th respondent and proceedings

https://hcservices.ecourts.gov.in/hcservices/

Na.Ka.No.33271/D6/2019 dated 12.10.2021 issued by the 2nd

respondent and consequently to make public enquiry to the

construction of buildings for newly upgraded Adi Dravidar

Welfare Middle School, Thathaiyampatti Village, Omalur, Salem

District in S.No.47/1, in view of the order in W.P.No.22797/2021

for the proper utilization of the amount Rs.87,09,087.52/-

sanctioned by the 1st respondent.

For the Petitioner

:

Mr.P.Vijendran

For the Respondents

:

Mr.K.M.D.Mahilan

Govt. Advocate for RR 1 to 5

ORDER

(Order of the Court was made by

the Hon'ble Chief Justice)

The public interest litigation has been filed to seek a

discreet enquiry in reference to two orders, one dated

22.07.2021 passed by the fourth respondent and the other dated

12.10.2021 passed by the second respondent.

2. The discreet enquiry has been sought in reference to the

decision taken by the respondents to construct the school

building in S.No.84/9 instead of S.No.47/1 despite its

allocation for a school on upgradation from elementary school to

middle school. Despite the decision taken aforesaid, the

respondents are proceeding to construct the school building in

the land of S.No.84/9 instead using the land of S.No.47/1 with

intention to extend the benefit to the office bearers of

panchayat. It is despite the fact that earlier in a writ

petition, W.P.No.22797 of 2021 decided by a Division Bench of

this Court by order dated 27.10.2021, a direction has been

issued to consider the representation made by one Karumalai, the

petitioner therein, for allotment of site without a specific

direction for it to accommodate the petitioner therein and other

similarly situated persons in S.No.47/1. The respondents are

now deliberately not using S.No.47/1 for school and therefore,

discreet enquiry is to be caused.

3. The learned counsel appearing for the respondents have

opposed the petition and submitted that a decision was taken to

construct the school at the same place where old building of the

school was existing. It is looking to the fact that the area

therein would be sufficient to cater to the need of the upgraded

middle school and apart from the construction of the building,

there would be land available for the playground and therefore,

https://hcservices.ecourts.gov.in/hcservices/

the decision was taken accordingly. The construction of the

building has already been started and photograph for it has been

placed before the Court. It is more so when the learned Single

Judge of this Court had issued a direction for construction of

the school building at S.No.84/9 to the extent of 0.0777.0 sq.m.

vide order in W.P.No.82 of 2022 dated 07.01.2022. Pursuant to

the direction contained