Thanickachalam Nagar East v. The Commissioner
In the High Court of Judicature at Madras Dated: 12.10.2015 Coram:
The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and The Honourable Mr. Justice T.S.SIVAGNANAM Writ Petition No. 32399 of 2015 and M.P. No. 1 of 2015 Thanickachalam Nagar East & Srinivasa Nagar Residents Welfare Assn.
rep. by its President Mr.D.Kasithangam Thanikachalam Nagar, Ponniamman Medu Post Chennai - 600 110.
.. Petitioner vs.
1. The Commissioner Rippon Buildings, Chennai-600003.
2. The Zonal Officer Zone-3, Division 33 Madhavaram, Chennai 600 060.
3. The Metropolitan Transport Corporation rep. by its Managing Director Pallavan House, Chennai - 600 002.
4. The Inspector of Police M-1 Madhavaram Police Station Madhavaram, Chennai 600060.
.. Respondents --- PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue Writs of Mandamus, directing respondents 1 and 2 to complete the procedure of handing over the larger extent of 120' x 130' comprised in Survey No.1160/2C Part, forming part of the larger extent of the layout called Thanickachalam Nagar and consequently direct the 3rd respondent to establish proper bus terminus and ply bus routes in all four directions continuously throughout all days, based on the petitioner's representation dated 08.08.2015 within the time frame to be stipulated by this Honourable Court.
For Petitioner : Mr. T.S. Rajamohan For Respondents : Mr. K. Soundararajan Standing Counsel for R1 and R2 Mr. V.R. Kamalanathan Addl. Govt. Pleader for R3 Mr. V. Shanmughasundar Government Advocate for R4.
O R D E R
(Made by The Hon'ble The Chief Justice) We are not inclined to entertain the public interest litigation on location of bus stands which fall within the municipal and administrative domain of functions. The High Court cannot take over these aspects, especially when we have a policy of elections of representatives at various levels and such elections require participation of the residents. It is their job to look into these aspects.
2. We may, however, note that the petitioner has made a representation dated 08.08.2015. The petitioner certainly has right for the representation to be considered and dealt with and we expect the authorities concerned, namely respondents 2 and 3, to deal with the representation dated 08.08.2015 in a time bound manner, preferably within a month from the receipt of this order.
3. We are, however, not inclined to permit any further public interest litigation on this issue.
4. The writ petition is disposed of with the aforesaid directions. No costs. Consequently, M.P. No. 1 of 2015 is closed. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar ATR Copies to;
1. The Commissioner Rippon Buildings, Chennai-600003.
2. The Zonal Officer Zone-3, Division 33 Madhavaram, Chennai 600 060.
3. The Metropolitan Transport Corporation rep. by its Managing Director Pallavan House, Chennai - 600 002.
4. The Inspector of Police M-1 Madhavaram Police Station Madhavaram, Chennai 600060.
2 ccs to M/s.t.S. Rajamohan, Advocate, Sr. 55753 1 cc to Government Pleader, Sr. 55708 W.P. No. 32399 of 2015 AK (CO) kk 20/10