PD SUNDARESAN Vs. PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE petitioner claiming to be the President of the Parent Teachers Association of the Government Boys Higher Secondary School, Kaveripattinam, has filed the present writ petition, seeking to challenge the G.O.Ms.No.331, School Education Department, dated 11.12.2009. By the impugned Government Order, the State Government had entertained the request of the Thanthai Periyar Installation Committee, i.e., the 7th respondent and had granted permission to install the statue of "Thanthai Periyar" (E.V.Ramasamy) on the south eastern corner of the school premises with an area of 10' X 10'. After erecting the same, they were directed to maintain the statue on their own.

(2.) BEFORE the issuance of the government order, the State Government had obtained the opinion of the Director of School Education. The Director of School Education in turn informed the Government that the Committee had informed the department the area needed near the south eastern corner of the school is only a small extent which cannot be used for any playing activity by the children. The installation of the statue will not hamper the work of the school. As and when the statue was erected, an appropriate compound wall will be constructed. The statue will be made with bronze metal at the expenses of the committee. The future maintenance will be done by the committee. Even in future, for the purpose of garlanding the statue, an entry will be made from the side of the highways and an appropriate iron gate will also be put up for entering the area from outside. The matter was also discussed in the Parent Teachers Association. The Executive Committee of the Parent Teachers Association by its resolution dated 4.9.2008 did not have any objection for the statue to be installed in an area 10' x 10'. On the basis of these facts, the Director of School Education had recommended the State Government for the issuance of an appropriate permission for erecting the statue on the south eastern corner of the school building. Accepting this recommendation, the State Government had issued G.O.Ms.No.331, School Education Department, dated 11.12.2009 in granting permission, which is impugned in the writ petition after 2-1/2 years.

(3.) THE case of the petitioner was that he is running a milk dairy farm at Kaveripattinam. He is doing social work and rendering service to the society. He was elected as the President of the Parent Teachers Association of the 4th respondent school on 18.6.2010. It is the case of the petitioner that during the year 2011, the south eastern corner of the school compound wall was demolished for installing the statue by the 7th respondent. As soon as the said incident took place, a section of the area people started campaigning to shift the statue from the school premises. Number of political parties have also objected to the erection of the statue. Thanthai Periyar represents that section of people who profess atheism. If the statue was installed in the school premises, it will give room for developing atheism in the minds of students. Already a statue is in existence in Paiyur village, Salem Main Road, which is only 3 Kms from the present place of statue. THE present attempt to erect the statue was also illegal.