ORDER.- This is a Writ Petition for the issue of a writ of mandamus directing the Panchayat Union Council, Kadayanallur, represented by its Commissioner at Kadayanallur to forbear from starting the feeder school at Kammapatcheri, Tenkasi Taluk, under its management. The short facts that are necessary for the disposal of this Writ Petition are as follows. The petitioner, one Rajamani, started as early as 1941 an aided Elementary School at Kammapatcheri having Standards I to V for the total population of that village of 690. The school was recognised and the petitioner was getting aid from the Government. The school run by the petitioner is a brick-built one. While the petitioner is running the school, the Panchayat Union Council started another Elementary School for Standards I to III in improvised thatched sheds. The petitioner is aggrieved that the conduct of the Panchayat Union Council by opening an Elementary School is only due to enmity and not due to the convenience of the villagers Therefore, the petitioner has filed the present petition for the issue of a writ of mandamus directing the Panchayat Union Council not to start the school. Along with the writ petition the petitioner has filed another petition for interim injunction restraining the respondent from opening the school. Srinivasan, J., allowed both the schools to function, as the Panchayat Union Council had by that time started the proposed Elementary School and begun to admit children in that school. This writ petition has come up before me for final hearing after a period of three years, and the learned Counsel for the petitioner contended before me that there are two Notifications issued by the Government, where it is specifically stated that the Panchayat Union Council should consult the local panchayats in the area before opening of new schools or new classes in existing schools and regarding the location of such schools, and that they could open new Elementary Schools in a locality, which has no school within a radius of one mile and which has a population of not less than 300. Admittedly, the school in question opened by the Panchayat Union Council to Kadayanallur, is within 40 yards of the institution belonging to the petitioner. Admittedly, the school in question opened by the Panchayat Union Council to Kadayanallur, is within 40 yards of the institution belonging to the petitioner. This is a deliberate breach of the Rules for the grant of recognition and aid to Elementary Schools, committed by the Panchayat Union Council, Kadayanallur, and as such the petitioner has got every right to come to this Court for the issue of writ of mandamus directing the Panchayat Union Council to forbear from running the schools. Therefore, the only question for my consideration is whether the Panchayat Union Council has got a right to start another school of their own in spite of the fact that a private person is running an aided Elementary School in that locality. Under section 65 (e) of the Madras Panchayats Act, 1958 it is the duty of a Panchayat Union Council, within the limits of its funds, to make reasonable provision for carrying out the requirements of the Panchayat Union in respect of the opening and maintenance and expansion or improvement of Elementary Schools, including the payment of grants to private managements in respect of Elementary Schools. It is also necessary to refer to rule 4 of the Rules for the grant of recognition and aid to Elementary Schools where it is provided that no new schools shall be permitted to be opened by a local authority in a locality which is adequately served by an aided school or schools already existing in the locality. This rule must be read along with section 65 of the Madras Panchayats Act, 1958. In addition to these specific provisions there is also the notification of the Government which has been circulated to all gramasevaks, to the social education organizers, to all managers of aided Elementary Schools and to all Extension Officers, that the Panchayat Union Council should consult the local panchayats in the area before opening of new schools or new classes in existing schools and regarding the locating of such schools, and the Notification No. 47606-2-E 8-61 dated 30th June, 1961 that the Panchayat Union Council could open a new Elementary School in a locality which has no school within a radius of one mile and which has a population of not less than 300. I feel, reading section 65 of the Madras Panchayats Act, 1958 and the Notifications mentioned already and rule 4 of the Rules for the grant of recognition and aid to Elementary Schools, that the Panchayat Union Council, Kadayanallur, deliberately committed a breach not only of the provisions of the Rules but also of the Notifications mentioned already in starting a new Elementary School. The learned Counsel for the respondent contended before me that even though there is the Notification of the Government which directs the Panchayat Union Council to consult the local panchayats in the area before opening new schools, it has no statutory force. I agree with him. This Government Order must be read with the other Government Order Memorandum No. 47606-2 E/8-61 dated 30th June, 1961 which has authorised the opening of a new Elementary School in a locality which has no school within a radius of one mile, and rule 4 of the Rules for the grant of recognition and aid to Elementary Schools. The purpose of the Notification of the Government, G.O. Ms. No. 1718 dated 19th June, 1961, which requires consultation of the local panchayats, is that it is for the local Panchayats to decide whether they should have an Elementary School or not. Otherwise there would be an unseemly competition between the Panchayat Union Council and the persons who are already running an aided Elementary School. It is also clear from the Notfication of the Government Memorandum No. 47606-2 E 8-61 dated 30th June, 1961, that the proposed school should be in a locality which has no school within a radius of one mile and which has a population of not less than 300. Here the population at the time of the starting of the Elementary School by the petitioner was 6go. No doubt a school may be necessary. But it is for the local Panchayat to decide whether to have an additional Elementary School or not. There is no material placed before me that another Elementary School is absolutely necessary and that the present Elementary School is not adequately serving the needs of the school-going children. In these circumstances, the petitioner is entitled to a writ of mandamus directing the Panchayat Union Council, Kadayanallur, to forbear from running another Elementary School. There is no material placed before me that another Elementary School is absolutely necessary and that the present Elementary School is not adequately serving the needs of the school-going children. In these circumstances, the petitioner is entitled to a writ of mandamus directing the Panchayat Union Council, Kadayanallur, to forbear from running another Elementary School. The learned Counsel for the respondent contended before me that the petitioner is not the aggrieved person and as such he is not entitled to file a writ against the respondent. Though there may be some force in the contention of the learned Counsel for the respondent, still it is clear that the petitioner is not fighting personally. The question is whether an additional school is necessary and is permissible. When the aided Elementary School of the petitioner is serving the school-going children of the locality, there is no necessity for another school in the same locality. Therefore the petitioner has got every right to come to Court as an aggrieved party and to report that there was breach of the rule in opening another Elementary School. I find that the petitioner is entitled to obtain a writ of mandamus directing the Panchayat Union Council, Kadayanallur, to forbear from running the school. The Writ Petition is allowed. There will be no order as to costs. K.S. ------------- Petition allowed.