This writ petition has been filed by Mr.K.A.K.Jiyaudeen seeking issuance of a mandamus under Article 226 of the Constitution of India, directing the District Collector, Tiruvarur District, the first respondent herein, the Block Development Officer, Needamangalam Taluk, the second respondent herein and the District Educational Officer, Tiruvarur, the third respondent herein to remove the shops that are being put up by the fourth respondent-Dargha, their men, agents and subordinates inside the Panchayat Union Middle School, Podakkudi (South), Needamangalam Union, Tiruvarur District forthwith with a consequential direction to the respondents 1 to 3 not to allow the said school premises to be utilized for any other private festivals or functions by any persons.
2. Learned counsel for the petitioner submitted before this Court that for the purpose of celebrating Urs and Santhanakoodu festival on 17th and 18th Moon days of the Muslim month, namely, on 14th and 15th February 2017, the Committee of organizers under the fourth respondent, without getting temporary licences from the respondents 1 to 3, have put up the temporary shops on the Government land areas and also are collecting rents from the temporary shopkeepers. Moreover, they have also ensured that the school building in which the Santhanakoodu festival is going to be conducted is also closed down.
3. Taking note of the fact that the school building is going to be used/misused without getting prior permission from the educational authorities, this Court directed Mr.R.Rajasekaran, learned Special Government Pleader to take instructions. Accordingly, on taking instructions from the officers, namely, Mr.S.Selvam, Additional Elementary Educational Officer, Needamangalam and Mr.P.Gopal, Deputy Block Development Officer, Needamangalam, who are also present before this Court today, the learned Special Government Pleader submitted that a local holiday has been declared on 15.2.2017 by the District Administration for celebrating the Santhanakoodu festival, therefore, no prejudice is going to be caused to either the school going children or the school administration.
4. In reply, the learned counsel for the petitioner submitted that although the Santhanakoodu festival is going to be conducted on a local holiday declared by the District Administration, still, the organizers under the fourth respondent have put up the temporary shops and bunks preventing the children and teachers from entering into the school, therefore, they should be directed to remove the shops and bunks.
5. This Court finds no justification for any such request to be entertained. The reason is that when the District Administration has declared a local holiday on 15.2.2017 to facilitate the conduct of Santhanakoodu festival, this Court finds no merit in the writ petition. Accordingly, the writ petition fails and it is dismissed. Consequently, W.M.P.No.3723 of 2017 is also dismissed. No costs.