IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRI PETITION No.26043/2017 (EDN – RES) BETWEEN :
St. MARY’S CONVENT SCHOOL 4TH MAIN, 1ST CROSS, VINOBANAGARA DAVANAGERE-577 006 REP. BY ITS SECRETARY SMT.MERRY PINTO W/O LATE JOSEPH AGED ABOUT 63 YEARS ...PETITIONER (BY SRI JAGADEESHGOUD PATIL, ADV.) AND :
1 . THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT-577 006 2 . THE COMMISSIONER MAHANAGARA PALIKE DAVANAGERE-577 001 3 . THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION NEAR HIGH SCHOOL FIELD DAVANAGERE DISTRICT-577 003 4 . THE DISTRICT HEALTH OFFICER DAVANAGERE DISTRICT-577 001 5 . KARNATAKA POLLUTION CONTROL BOARD PLOT NO.501, "C" BLOCK, NEAR CENTRAL EXCISE & CUSTOMS OFFICE DEVARAJU URS LAYOUT, DAVANAGERE -570 006 6 . THE BLOCK EDUCATION OFFICER DAVANAGERE SOUTH RANGE NEAR HIGH SCHOOL FIELD DAVANAGERE-577 003 …RESPONDENTS (BY SMT.PRAMODHINI KISHAN, AGA FOR R-1, R-3, R-4 & R-6; SRI AKSHAY B.M., ADV. FOR SRI B.K.MANJUNATH, ADV. FOR R-2; SRI T.NATARAJU, ADV. FOR R-5.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO PROTECT THE ENVIORNMENT AND CLEANSESS IN THE AREA OF THE PETITIONER SCHOOL AND FURTHER DIRECT THEM TO TAKE SERIOUS ACTION IN THE MATTER AND SHIFT THE CATTLE SHED ADJUTANT TO THE PETITIONER SCHOOL IN THE INTEREST OF STUDENT, STAFF.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has sought for a writ of mandamus to the respondents directing the respondents to protect the environment and cleanliness in the area of the petitioner school shifting the cattle shed adjunct to the petitioner’s school.
2. The petitioner claims to be an Educational Institution rendering service in the filed of education for espousing the cause of educational pursuits.
3. It is the grievance of the petitioner that adjunct property owners are maintaining cattle shed with about 90 to 95 buffaloes sans maintaining the cleanliness resulting in unhealthy atmosphere around the area adversely affecting the students and teachers of the Institution. The request made on multiple occasions to the adjunct owners as well as the respondents herein to shift the cattle shed has not heeded any positive results. Hence, this writ petition.
4. Learned counsel appearing for the petitioner reiterating the grounds urged in the writ petition submits that the cattle shed in the adjunct property is creating nuisance in the area having health hazards on the students and the teachers of the Institution owing to the bad maintenance. Hence, seeks for a direction to the respondents to shift the cattle shed adjunct to the petitioner’s Institution.
5. Learned counsel for the respondent No.2 has filed detailed objections along with the report of the Environmental Engineer on the basis of the spot inspection conducted by the Health Inspector concerned. It is submitted that before the petitioner’s school started functioning, the adjacent owner had the cattle shed. No adverse effect has caused to the health of the public in the neighbourhood. Signatures made by the residents of the said area along with the report and the photographs of the cattle shed are placed on record.
6. Learned AGA supporting the arguments advanced by the learned counsel for the respondent No.2 submitted that there is no impediment for the Educational Institution to run the school in the area adjunct to the cattle shed.
7. Having heard the learned counsel for the respective parties and perusing the material on record, it is imperative that the respondent No.2 has taken adequate steps to collect the report including the statements of the persons in the neighbourhood which indicates that the cattle shed was maintained by the adjunct owner prior to the functioning of the petitioner's school and the same would not adversely affect the health of the general public in the neighbourhood. In the circumstances, there is no occasion for this Court to give any direction to the respondents to shift the cattle shed from the adjunct premises of the petitioner's Institution. Moreover, the adjacent owner maintaining the cattle shed is not arrayed as a party to the proceedings.
8. However, the respondent No.2 shall ensure that the cleanliness shall be maintained in the said area.
With the aforesaid observations and directions, writ petition stands disposed of.
Sd/- JUDGE Dvr: