M.K.M. ABOOBAKAR, EDUCATIONAL AGENCY, AIDED ELEMENTARY SCHOOL, THIRUKKALACHERRY, NAGAPATTINAM Vs. THE ASSISTANT ENGINEER, TAMILNADU ELECTRICITY BOARD, PORAIYAR, NAGAI AND THE CHIEF ENGINEER, TAMILNADU ELECTRICITY BOARD, SIRKAZHI, NAGAI

JUDGEMENT

(1.) By consent, the main writ petition itself is taken up for final disposal.

(2.) The petitioner - Educational Agency has approached this Court to issue a writ of mandamus directing the respondents to remove and shift the High Tension Transformer erected at the entrance of the School premises, namely, Aided Elementary School, East Street (Bank Street), Thirukkalacherry, Nagapattinam District to a different place.

(3.) According to the petitioner, he is running a minority private school in the above mentioned place for the last 25 years. It is an Elementary School, in which pupil belonging to different communities are studying from I to V standard. Between the School building and the main entrance from the road there is a play ground and the school children used to gather in the playground and play in the afternoon. The first respondent herein all on a sudden, on 07.01.2002 erected a E.B. Transformer post at the entrance of the School near playground for distribution of power supply and on coming to know the same, the parents of the children approached him and objected for the erection of the transformer post near the playground and at the entrance of the School. The petitioner immediately submitted a representation on 08.01.2002, to the first respondent marking a copy to the second respondent also objecting for the erection of the transformer near the entrance of the School and requested the first respondent to stop the installation work forthwith and move the proposed installation to the North of the School building, since the erection of transformer near and at the entrance of the School would endanger the lives of the school children and hazardous to the safety of the School children. High Tension Overhead lines have been drawn out from the transformer across the playground and also through the tamarind tree standing inside the premises and erection and installation of the transformer near the School premises and at the entrance of the School would certainly cause injury to the safety of the school children. It is also stated that very recently due to snapping of overhead line one mason in the locality was electrocuted and died. The people in the locality, namely the parents of the School children are very much agitated and worried about the safety of their children, hence the present writ petition.