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2022 DIGILAW 2870 (MAD)

Latha Educational Society Kaniyamoor, Represented by its Treasurer Murugesan v. State of Tamil Nadu, Represented by its Principal Secretary, Department of School education, Chennai

2022-08-23

ABDUL QUDDHOSE

body2022
JUDGMENT (Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus directing the respondents to consider the petitioner's representation dated 29.07.2022 sent on 30.07.2022 and permit re-opening of the petitioner's school premises at Kaniyamoor, Chinnasalem for regular physical functioning of classes.) This writ petition has been filed by a registered Society, which is running two schools viz., Sakthi Matriculation Higher Secondary School and ECR International School at Kaniyamoor, Kallakurichi district. Due to an unfortunate riot that happened on 17.07.2022 in the school premises, the schools were directed to be closed. It is not in dispute that investigation is in progress by the police authorities into the said riots. It is claimed by the petitioner Society that there are 3500 students studying in both the schools and they come from various nearby villages and towns and there are also about 225 teaching and non teaching staffs dependant on the petitioner institution. 2. According to the petitioner, due to riots on 17.07.2022, the school buildings and its belonging and assets inside the school premises at Kaniyamoor, Kallakurichi were vandalized and ransacked, following the unfortunate death of one of the girl child (student) by name Srimathi.R. According to the petitioner after the riot, which took place on 17.07.2022, entry to the school premises were restricted by the statutory authorities. After the closure of the school by the statutory authorities, the petitioner society claims that online classes were held to help the students in their studies. According to the petitioner Society, physical classes resumed for students studying in 9th to 12th standard in a temporary campus identified by the State Government, few kilometres away, from 01.08.2022 onwards and the same is continuing till date. According to the petitioner Society, the parents of the Children are insisting the petitioner to resume physical functioning of classes in the school premises considering the welfare of their children. According to the petitioner, many of the school children are from rural villages and they do not have infrastructure at their homes to attend online classes. 3. It is also contended by the petitioner Society that due to the closure of the School, the petitioner Society is unable to carry out the repair works which has become necessary due to damages caused by the riots. 4. 3. It is also contended by the petitioner Society that due to the closure of the School, the petitioner Society is unable to carry out the repair works which has become necessary due to damages caused by the riots. 4. The petitioner claims that they have made several representations requesting the official respondents to grant permission to the petitioner Society to enter and revamp the school premises and thereby restore the normalcy and resume physical functioning of the classes at the school premises. The last such representation is dated 29.07.2022 which was sent on 30.07.2022 requesting permission to enter the school premises and to undertake repairs and maintenance works and to further permit the petitioner to start the physical functioning of the schools. Since the representation has not been considered till date, the petitioner has filed this writ petition. 5. Heard Mr.ARL.Sundaresan, learned Senior counsel for the petitioner, Mr.R.Shunmuga Sundaram, learned Advocate General assisted by Mr.T.Seenivasan, Special Government Pleader appearing for the respondents 1 to 4, Mr.Hasan Mohamed Jinnah, learned Public Prosecutor assisted by Mr.S.Santhosh, learned Government Advocate – Criminal side for the respondents 5 and 6. 6. Mr.R.Shunmuga Sundaram, learned Advocate General assisted by Mr.T.Seenivasan, Special Government Pleader appearing for the respondents 1 to 4 has placed on record before this Court the details of the online classes conducted by the petitioner Society as well as the physical classes conducted by the petitioner Society for its students of Classes 9 to 12 at the premises of Shri Balaji College of Education, Thagamtheerthapuram Post, Chinnasalem Taluk, a place close to the subject schools. 7. The learned Advocate General as well as the learned Public Prosecutor appearing for the respective respondents would submit that the investigation is in progress and the investigation team's presence at the scene of occurrence viz., the subject schools are required and that is the reason as to why the representation of the petitioner has not been considered till date. However, fairly in the interest of the students they would submit that within a period of ten days from the date of receipt of a copy of this order, the representation of the petitioner seeking for re-opening of the physical classes in the subject schools will be considered on merits and in accordance with law after affording a fair hearing to the authorised representative of the petitioner's Society. The said statement is recorded. 8. The said statement is recorded. 8. Since the career of the students, who are studying in the respective schools is at stake, a quick decision will have to be taken in their interest. Further, it is submitted by the petitioner that the students of the said school belong to lower strata of society and come from rural background and therefore, many of them are not in a position to attend the classes through online. This Court takes note of the said important fact in the welfare of the students. 9. For the foregoing reasons, this Court directs the 2nd respondent to pass final orders on the petitioner's representation dated 29.07.2022 sent on 30.07.2022 seeking permission to re-open the petitioner's school premises at Kaniyamoor, Chinnasalem, i.e., for regular /physical functioning of classes at the school premises, within a period of ten days from the date of receipt of a copy of this order, after affording a fair hearing to the authorised representative of the petitioner Society including granting them the right of personal hearing. 10. With the aforesaid direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.