The Madras High Court dismissed a Public Interest Litigation (PIL) seeking direction to restrain the respondent authorities from constructing an overhead water tank in the Panchayat Union Elementary School at Erisanampatti in Udumalpet Taluk of Tiruppur in a manner posing danger to the lives of the students and reducing the extent of playground.
The petition, filed by Karuppusamy, alleged that the respondents were constructing an overhead water tank, reducing the area of school used for playground and also posing a threat to the lives of students.
While considering the PIL, the Division Bench of Chief Justice Munishwar Nath Bhandari and Justice N. Mala noted that the counter to the petition has been filed, giving out true facts of the case.
It is stated that the overhead water tank was existing in the school premises for the last 40 years. Looking at the condition of the overhead water tank, a proper decision was taken to demolish it, so as to reconstruct the same. The matter was even considered by the competent authorities looking at the dilapidated condition of the overhead water tank.
The school authorities have also passed a resolution for reconstruction of the overhead water tank. Thus, it is not that for the first time, the water tank is going to be constructed in the school premises to reduce the area of playground, rather it was existing for the last 40 years.
The construction of overhead water tank is with due permission of all the authorities and consent of the school authorities, in view of the resolution passed. Thus, the prayer is to dismiss the writ petition filed for extraneous consideration.
“Looking at the facts aforesaid, it cannot be said that the area of playground is going to be reduced with the re-construction of the existing overhead water tank, which was found to be in dilapidated condition.
“The resolution of the school authorities also exists, apart from permission from other authorities to reconstruct the overhead water tank for proper supply of water in the village.
“Thus, the petitioner has failed to show either the reduction of play area on construction of the overhead water tank at the place where it was earlier existing or the risk involved in reconstructing the overhead water tank,” the order read.
In view of the above, the Bench found nothing, but misuse of the jurisdiction of the High Court in PIL, observed the High Court.