Madras High CourtWP/14423/2020disposed of

K.Settu v. The Secretary

2021-04-30Honourable The Chief Justice,Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2021 CORAM :

The Hon'ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.14423 of 2020 K.Settu .. Petitioner -vs1.The Secretary, Department of Rural Development and Panchayat Raj (Tamil Nadu), Secretariat, Fort St.George, Chennai.

2. The Director, Department of Rural Development and Panchayat Raj, (Tamil Nadu), Panagal Building, Saidapet, Chennai.

3. The Collector, Tiruvannamalai District, Tiruvannamalai.

4. The Assistant Director (Rural Development), Collectorate, Tiruvannamalai.

5. The Commissioner, Rural Development, Kalasapakkam, Tiruvannamalai District.

6. The Inspector General of Registration, Santhome High Road, Chennai.

7. The District Registrar, District Registrar Office, Tiruvannamalai.

8. The Sub-Registrar Office, Kadaladi Village, Tiruvannamalai District.

9. The Executive Engineer, Public Works Department, Tiruvannamalai.

10.The President, Village Panchayath, Kadaladi, Tiruvannamalai District .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents to construct the sub-registrar office at S.No.720/A1 at Kadaladi Village, Tiruvannamalai, based on the earlier resolution dated 24.07.2012 of the 9th respondent and stop the present construction now being carried at S.No.160/4 at Kadaladi Village, Tiruvannamalai District based on another resolution dated 26.08.2014 of the 9th respondent since the place is not convenient to general public based upon his representation dated 28.05.2020.

For Petitioner : Mr.K.Narayanan For Respondents 1 to 5 : Mr.V.Jayaprakash Narayanan State Govt.Pleader For Respondents 6 to 8 : Mr.T.M.Pappiah Spl.Govt.Pleader

ORDER

(Made by Senthilkumar Ramamoorthy, J.) The petitioner seeks the construction of a Sub-Registrar office at S.No.720/A1 at Kadaladi Village, Tiruvannamalai and to stop the present construction being carried out at S.No.160/4 at Kadaladi Village, Tiruvannamalai District.

2. The petitioner is a resident of Kadaladi village. He claims that there are 48 villages falling under the jurisdiction of the Kadaladi Sub-Registrar. Consequently, it is stated that the inhabitants of the said village have long requested that a new and larger Sub-Registrar's office building should be constructed therein. It is further stated that a resolution was passed in this connection on 24.07.2012, but that subsequently the construction of a Sub-Registrar's office is being carried out at a different location, i.e., at S.No.160/4. Therefore, the petitioner states that a representation dated 28.05.2020 was submitted, but that it has not elicited an appropriate response from the official respondents.

3. The decision as to the appropriate location of a SubRegistrar's office is a matter that falls squarely within the domain of the executive, and this Court is not inclined to direct that such Sub-Registrar's office should be constructed at the place indicated by the petitioner.

4. Nonetheless, in view of the fact that the petitioner has submitted a representation in this regard, without examining the merits of such representation, the seventh respondent is directed to consider such representation and dispose of the same within a period of eight weeks from the date of receipt of a copy of this order, after providing a reasonable opportunity of hearing to all parties affected thereby.

W.P.No.14423 of 2020 is disposed of without any order as to costs.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar sra To 1.The Secretary, Department of Rural Development and Panchayat Raj (Tamil Nadu), Secretariat, Fort St.George, Chennai.