← Library
Madras High CourtWP/5281/2015disposed of

Ganesan Naicker, v. The District Collector,

2015-02-27Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.Nos.5281 to 5283 of 2015 Ganesan Naicker ... Petitioner in W.P.No.5281 of 2015 C.Venkatesan ... Petitioner in W.P.No.5282 of 2015 P.Natarajan ... Petitioner in W.P.No.5283 of 2015 Vs.

1. The District Collector, Office of Collectorate, Kancheepuram.

2. The Secretary Home Department, St.George Fort, Chennai - 600 009.

... Respondents in all W.Ps.

Common Prayer:

Petition filed under section 226 of the Constitution of India to issue a Writ of mandamus directing the respondents to consider the petitioner's representation dated 02.02.2015. For Petitioner : Dr.C.Ravichandran For Respondents : Mr.M.L.Mahendran Government Advocate C O M M O N O R D E R Heard Dr.C.Ravichandran, learned counsel appearing for the petitioners and Mr.M.L.Mahendran, learned Government Advocate accepting notice for the respondents and appearing for the respondents. With the consent of both the parties, these writ petitions are taken up for final disposal.

2.The petitioners claim to be the permanent residents of Kalur, Keezhaperamanallur and Kalakkatur villages respectively in Kancheepuram District and these writ petitions have been filed to dispose of the representation given by the petitioners objecting to the transfer of the Taluk office from Kancheepuram to Wallajahbad. It is also submitted that the Panchayat has passed a resolution on https://hcservices.ecourts.gov.in/hcservices/

26.01.2015 and has also conducted peaceful agitation to bring to the notice of the first respondent that shifting of the Taluk Office away from Kancheepuram by a distance of 18 Km will cause lot of inconvenience to the general public since Kancheepuram is well connected by train as well as by road. In this regard, representation is pending before the first respondent dated 02.02.2015.

3.Admittedly, the decision to locate Taluk office or Tahsildar office and Government Hospital and other public utility service rests with the Government administration and therefore, the Court should be very slow in intradicting in these matters. However, in the instant case, the petitioners plead that the public will be inconvenienced if the Taluk office is shifted away from Kancheepuram town. The Panchayat has also passed an resolution.

4.Therefore, it is but appropriate for the first respondent to consider the representation on merits and in accordance with law after hearing the petitioner and other stake holders. The representation shall be considered by the first respondent within a period of three weeks from the receipt of a copy of this order. 5.These writ petitions are disposed of with the above observation. No costs.

Sd/- Asst. Registrar /true copy/ PRI Sub Asst. Registrar. To

1. The District Collector, Office of Collectorate, Kancheepuram.

2. The Secretary Home Department, St.George Fort, Chennai - 600 009.

+2cc to Dr.C.Ravichandran, Advocate, S.R.No.10886,10887 +1cc to the Government Pleader, S.R.No.11288 W.P.Nos.5281 to 5283 of 2015 KV(CO) CA(05/03/2015) https://hcservices.ecourts.gov.in/hcservices/