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Judgment
S. Palanivelu, J.—The petitioner is a former President of Iruppukanmaipatti Village, Sattur Taluk, Virudhunagar District. He was holding the
office from 2001 to 2006 as President. He has stated that at the time of his tenure as President he formulated a scheme and provided a playground
for the Panchayat Union School to an extent of 25 cents which is a Poramboke land. It is also stated that around the playground a fence has been
made. Presently, a building for the Public Distribution System is being constructed in a portion of the above said playground and the materials for
the construction have been scattered in the playground which caused hindrance to the students of the school to play in the ground. Even though
some other portions of Poramboke land is available by the side of the playground, the concerned officials after removing the stones planted around
the playground and they are making constructions. The petitioner on 20.08.2007 preferred a complaint before the 06.09.2007 with the above said
particulars and requested them that the construction may be stopped.
The photographs of the playground have been filed along with this petition show that the construction work is going on.
The learned Counsel for the petitioner would vehemently contend that the authorities are not at all empowered to construct, any building in the
playground which is against the Government orders and the provisions of law.
We have heard the submissions made on either side.
The learned Counsel for the petitioner draws the attention of this Court to Chapter - IX of Rule 25 of the Regulations for Approved Nursery
and Primary schools is as follows:
Use of School Buildings: The premises of an educational institution or any subsidiary building apportioning to it or playground or vacant site
belonging to an approved Nursery/Primary School whether adjacent or remote from it shall ordinarily be used only for the purpose of functions
conducted by such institutions. In no case, the use of such building, playground or vacant site shall be given for political meetings. The school will
make available their halls for the conduct of examinations, if required.
As per the above said provision, the premises of an educational institution shall be ordinarily used for the purposes connected to the said
educational institutions which shall not be in any way to utilise for any other purposes. It is only adverting to this provision, the learned Counsel for
the petitioner would submit that the concerned authorities are legally prevented from taking up construction. He also referred to G.O.Ms. No.
1131 Education (E. 1) Department, dated 09.12.1991 which goes to the effect that ""the District Collector of each District be fully empowered to
cause visits of schools to be made by surprise, the order to take remedial measures for improvement of quality of education and infrastructural
facilities in schools"". He further submitted that in spite of the above said Government order, the. District Collector has not been visiting the schools
regularly.
In the counter affidavit filed by the second respondent, it is stated that there are 220 ration card holders in the village and their convenience the
building for the Public Distribution Shop under the Public Distribution System has been constructed under the M.L.A. CAD scheme for the year
2007-2008 at an estimated cost of Rs. 2.10 lakhs. It is further stated that about 25 cents is available in front of the school as playground and the
proposed area of construction of Public Distribution shop is only in 2 cents, that too is falling on is the extreme end of the Natham Poramboke
land.
In the circumstances stated, the respondents are directed to lay fence around the playground covering 23 cents inclusive of the school, so as to
enable the teachers and the students to have a safe access to the school and the respondents are duty bound to ensure the safety of the children.
Taking into account, the facilities of the Public Distribution System namely, the unloading of the commodities to the shop by means of the vehicle
the authorities have also to make it sure that the children of the school are in no way put to difficulties. The materials for construction which is
stated to have been around in the playground shall be removed forthwith. The District Collector is also directed to make periodical visits as per
G.O.Ms. No. 1131, Education (E. 1) Department, dated 09.12.1991. The respondents are also directed to file a report before this Court after
compliance with the direction of this Court within a period of six weeks from the date of receipt of a copy of this order.
With the above said direction, the Writ Petition is disposed of. No costs. Consequently, M.P. No. 1 of 2007 is closed.