M ANDIAPPAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) PETITIONER seeks a direction to the respondents 1 to 6 not to grant any permission to the 7th respondent for shifting the school from the 9th ward to the first ward in Sivagiri Municipality, Tirunelveli District.

(2.) PETITIONER is the Secretary and Correspondent of the Andiappa Middle School in the first ward of Puliangudi Municipality. The petitioner's school is having classes 1 to 8. The 7th respondent school is having standards 1 to 10, which was originally started as a primary school. Classes 1 to 8 are aided by the Government and classes 9 and 10 are functioning under self-financing scheme. According to the petitioner, the 7th respondent is trying to shift its school to the 1st ward of Puliangudi Municipality, where the petitioner school is functioning and the 7th respondent is putting up new construction without the approval of the plan from the Municipality. The grievance of the petitioner is that if the 7th respondent school is shifted to the first ward, it will be in violation of the rules and regulations and the same will be very close to the petitioner's existing school.

(3.) IN the judgment in Hindu Harijan Elementary School, Vadanaththampatti Village v. Secretary to Government, Education, Science and Technology Department, Chennai Hindu Harijan Elementary School, Vadanaththampatti Village v. Secretary to Government, Education, Science and Technology Department, Chennai Hindu Harijan Elementary School, Vadanaththampatti Village v. Secretary to Government, Education, Science and Technology Department, Chennai (supra) a learned Judge of this Court held that the rival school owner has no locus standi to object the grant of permission, or otherwise, to the nearby school and the said finding reads thus (p.471 of MLJ):