A.K. Somasundaram vs The District Collector and Others

P.D. Dinakaran, J.—Petitioner, claiming himself as resident of Devakottai Town and a tax payer to the fourth respondent Municipality, has

preferred the above public interest litigation praying for issuance of writ of certiorarified mandamus by calling for the records relating to the

Resolution No. 90, dated 13-7-2004, passed by the Municipal Council of the fourth respondent Municipality and quash the same and

consequently forbear the fourth respondent Municipality from in any manner putting up construction for the Municipal Middle School at Ward No.

14, East Street, Lakshmipuram, Devakottai Town, Sivaganga District.

Mr. C. Selvaraj, learned Additional Government Pleader, took notice on behalf of the respondents, including the fourth respondent Municipality

also.

By Resolution No. 90, dated 13-7-2004 the 4th respondent Municipal Council, the fourth respondent Municipality proposed to construct a

building to house the Municipal Middle School, which is presently located in a private rental building in Ward No. 14, as the present school

building is to be handed over to its owner for his own occupation as directed by the Rent Controlling Authority. The Municipal Council, therefore,

resolved to put up a building for the said Middle School in about three cents of land owned by the Municipality themselves, adjacent to the well

located in the East Street of Lakshmipuram.

According to Mr. R. Devaraj, learned counsel for the petitioner, there will not be any safety for the students, if the building is constructed

adjacent to the well as proposed. Incidentally, the learned counsel also challenges the proposal of closure of the well located in the East Street of

Lakshimpuram as resolved by the Municipal Council in the Resolution No. 213 on the ground that the entire people of that locality are depending

upon the said well for their potable water.

Per contra, Mr. C. Selvaraj, learned Additional Government Pleader, submits that there is absolute necessity to construct a building for the

Municipal Middle School as they have to vacate the present building to honour the eviction order passed by the Rent Controlling Authority. The

learned Additional Government Pleader also submits that, if the people of that locality do not want the closing of the well on the ground that the

entire people of the locality depend upon the well for the potable water, suffice it to provide necessary safety measures by putting parapet wall

around the well and also covering the top of the well with iron grills to avoid any accident.

The apprehension of the petitioner that there will not be any safety for the children if the proposed building for the Middle School is constructed

adjacent to the well, in our considered opinion, is unsustainable if the municipality does not close the well and provide sufficient safeguards by

constructing parapet wall around the well and covering the top of the well with iron grills. Hence, suffice it to pass the following orders :

(i) the fourth respondent municipality is at liberty to proceed with the impugned construction for the Middle School in the East Street of

Lakshimpuram as resolved in the Resolution No. 90, dated 13-7-2004;

(ii) the fourth respondent shall not close the well located in the East Street of Lakshmipuram, adjacent to the site where the construction of building

is proposed and accordingly, Resolution No. 213 of the 4th respondent Municipal Council is quashed.

(iii) the fourth respondent shall construct parapet wall around the well and cover it with iron grills; and

(iv) since the petitioner has come forward with the above public interest litigation to protect the public interest, the residents of the locality shall also

contribute a minimum of Rs. 250/- per house to meet the expenses for construction of parapet wall and for covering the top of the well with iron

grills. In case of any excessive expenditure, the same shall be met by the fourth respondent Municipality.

With the above direction, this writ petition is disposed of. Connected WPMP Nos. 1138 and 1139 of 2005 are closed.