The Madras High Court dismissed a Public Interest Litigation (PIL) seeking a restraining order to prevent the respondent authorities from constructing an overhead water tank in the Panchayat Union Elementary School at Erisanampatti in Tiruppur’s Udumalpet Taluk, endangering the lives of the students and reducing the extent of the playground.
Karuppusamy filed the petition, alleging that the defendants were building an above-water tank, decreasing the school’s space utilized for the playground, and endangering pupils’ lives.
While deliberating on the PIL, the Division Bench of Chief Justice Munishwar Nath Bhandari and Justice N. Mala observed that a counter-petition had been submitted. That Counter-Petition revealed the exact facts of the matter.
According to reports, the overhead water tank has been on the school grounds for the last 40 years. Given the state of the above water tank, the correct choice was made to dismantle it and rebuild it. Given the deteriorated condition of the overhead water tank, the subject was even examined by the appropriate authorities.
The school board has also approved a resolution to rebuild the overhead water tank. Thus, the water tank is not being built on the school grounds for the first time to restrict the playground space; instead, it has been there for 40 years.
According to the resolution approved, the building of the above water tank has the approval of all authorities and the cooperation of the school authorities. As a result, the plea is for the writ petition to be dismissed for extraneous consideration.
“Based on the facts stated above, it cannot be said that the playground space would be diminished with the re-construction of the current overhead water tank, which was discovered to be in deteriorated condition.”
“Aside from approval from other authorities, a determination of the school authorities exists to rebuild the overhead water tank for appropriate water delivery in the village.”
“As a result, the petitioner has failed to demonstrate either the loss of play space on the installation of the overhead water tank at the previous location or the danger associated with rebuilding the overhead water tank,” the ruling said.
In light of the above, the Bench found nothing but abuse of the High Court’s jurisdiction in the PIL, remarked the High Court.
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