Madras High Court Takes Suo Motu Cognizance Of Illegal Use Of Govt School's Play Ground By Private School & Municipality

Enlarging the scope of a PIL initially filed by one K. Usha, a private school teacher seeking directions for the use of the government school's ground exclusively for sports activities, the bench of Acting Chief Justice Munishwar Nath Bhandari and Justice P.D. Audikesavalu noted,

"It needs to be clarified by the respondent authorities as to how permission can be granted by the respondents in favour of the private school when the land does not belong to the private school and is a government land. The respondent authorities may further clarify as to how the Commissioner, Udhagamandalam Municipality, issued the order dated 27.11.2021 for dumping the material and machinery in the land earmarked as playground."

The Court orally remarked that the above state of affairs reflects failure of the Education Department officers.

Background

In 2001, an order was passed by District Collector, Nilgiris, permitting the government land to be used as a playground for children of the Government School. Permission was also granted to a private school for utilising the playground from 10 AM – 1.30 PM.

On 27th November, 2021, an order was passed by the Udhagamandalam Municipality Commissioner, paving way for the utilisation of the ground for dumping machinery and other  materials. The said order was addressed to the private school. The court was surprised as to how such an approach could be taken when the school playground is Government land, and the private school does not have ownership over it.

The court was thereafter informed that the private school has been keeping the designated playground under lock and key with them. Therefore, the said letter from the Commissioner was addressed to the private school.

Findings

The Court also found from the material available on record that the private school has been dumping rubbish in the playground. It was also submitted that the private school has been charging parking fees using the playground.

Hence, the court took cognizance of the issue and ordered thus:

"In view of the above, this court takes cognizance of the issue as to how the Collector had passed the order dated 24.12.2001 permitting the private school to use the land belonging to the government as a playground and further as to how recognition can be given to the private school when the land used as playground does not belong to it. The respondent authorities are directed to clarify the position."

For the time being, the respondents have been instructed to take a decision in reference to the issue and if a mistake has been committed while passing the impugned orders, it may be corrected accordingly.

"...in the meanwhile, the material lying in the playground would be removed forthwith and the playground would not be used for any other purpose than for the sports activities by the government school alone. The respondents would, accordingly, secure and maintain the entire area of the playground so that it can be used by the students of the government school exclusively for sports related activities," the Bench added.

The matter has now been listed for 20th January, 2022.

Case Title: K. Usha v. The District Collector & Others (PIL)

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