S PRABHU Vs. COMMISSIONER, POLLACHI MUNICIPALITY, POLLACHI

JUDGEMENT

(1.) The petitioner, who claims to be the Correspondent of Shri Vinayagar Matriculation School at Pollachi has filed this Writ Petition for issuance of Writ of Mandamus forbearing the respondents from constructing a sewerage pumping station just abutting his school building in the place allotted for establishment of park in the lay out formed at T.Kottampatti Village in Pollachi Town by considering his representation dated 03.01.2017.

(2.) The petitioner would state that the School was established by an Educational Trust in the year 2010 with the approval of the concerned authorities. On the northern side of his school, Balaji Nagar has been formed with an approval of the respondent in approval No.131 of 2010 and 15 cents have been earmarked for the purpose of park area. The petitioner's school compound wall is situated just abutting the said park.

(3.) The petitioner would further state that as per the provision of the Tamil Nadu District Municipalities Act, the first respondent has an obligation to provide necessary drainage and sanitation facilities. The petitioner having become aware of the fact that the first respondent had proposal to erect a pumping station in the park area, submitted a petition dated 17.04.2016 to the first respondent objecting the proposal and also sent representation and reminders on 17.10.2016 and 03.01.2017. The first respondent has sent a reply admitting establishment of the scheme. It is the further case of the petitioner that installing pumping station in the park area would create nuisance in and around the school premises and would affect the social order besides causing various health hazard to the tender children studying in the School. Hence, he has come forward with this Writ Petition.