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Saradha Vidhyalaya ... vs 4 The Assistant Divisional ...

Madras High Court|14 November, 2017

JUDGMENT / ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.] By consent, the writ petition is taken up for final disposal. Mr.A.N.Thambidurai, learned Special Government Pleader accepts notice on behalf of the respondents 1 to 4.
2 The deponent of the affidavit is the Secretary of the petitioner  School and according to him, the said school is located on the land comprised in SF.Nos.119/1[5], 120/3B1B, Pandian Nagar, P.N.Road, Tirupur and the school is run by the Sindhu Seva Samithi Trust [Registration No.37/4 of 1992] and around 1900 students are studying in the petitioner  School and the school, for the purpose of transporting the students, owns five buses and also a Van. It is stated by the deponent of the petitioner  School that the Highways between Tirupur and Perumanallur runs parallel to the petitioner  School and the respondents 3 and 4-Highways Department had constructed the road divider during May 2015 and even prior to that, the petitioner  School has submitted a representation requesting the said authorities to provide reasonable space while constructing the divider so as to enable the students to cross the road as well as taking the bus. However, the 4th respondent, has sent a communication dated 21.08.2015 to the office of the Commissioner of Police, Tirupur City, stating that if space is provided as requested by the petitioner  School, there is a likelihood of very many accidents and also suggested an alternate route that the vehicles coming from Anna Nagar to the petitioner  School, have to take a turn after reaching Pandian Nagar junction and then, to reach the petitioner  School. In this regard, petitioner  School has also submitted further representations dated 09.08.2016 and 07.10.2016 respectively and the respondents advised the petitioner  School to use Othaline Street which is situate right to the petitioner  School and as suggested, the petitioner  School started using the said land for plying buses and found that there are very many encroachments and as a consequence, the road/street became very narrow and in this regard, the petitioner  School has submitted very many representations for removal of the encroachments to make the road broader so as to have free flow of traffic and the last of such representation is dated 09.02.2017 was submitted to the 2nd respondent and despite receipt and acknowledgment, so far no orders have been passed and therefore, the petitioner came forward to file the present writ petition.
3 The petitioner, on an earlier occasion, has also submitted representations dated 09.08.2016 and 07.10.2016 respectively and it also failed to invoke any kind of response.
4 The learned counsel appearing for the petitioner would submit that the alternate route suggested by the respondents 3 and 4 is encroached by very many persons and as such, free flow of traffic is also not possible and hence, prays for appropriate orders.
5 The Court heard the submission of Mr.A.N.Thambidurai, learned Special Government Pleader appearing for the respondents 1 to 4 and also perused the materials placed before it.
6 Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the claim projected by the petitioner, permits the petitioner to submit one more representation to the respondents 1 to 4 enclosing the relevant documents along with a copy of this order as well as copies of the earlier representations within a period of two weeks from the date of receipt of a copy of this order and upon receipt of the same, the respondents 2 to 4 shall put the encroachers on notice and thereafter, take action in accordance with law and pass appropriate orders on the representation to be submitted by the petitioner  School within a further period of ten weeks thereafter and communicate the decision taken, to the petitioner as well as to the alleged encroachers.
7 The writ petition stands disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed.
8 List the writ petition for reporting compliance on 06.02.2018.
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Title

Saradha Vidhyalaya ... vs 4 The Assistant Divisional ...

Court

Madras High Court

JudgmentDate
14 November, 2017