D.Sivakumar v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 22.07.2016 Coram:
The Honourable Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and The Honourable Mr.Justice R.MAHADEVAN W.P.No.25545 of 2016 D.Sivakumar ... Petitioner
Versus
1.The Secretary, Department of Animal Husbandry Secretariat, St.George Fort, Chennai 600 009.
2.The Assistant Director, Department of Animal Husbandry Bretts Road, Salem 636001 3.The District Collector, Salem District, Salem.
4.The Tahsildar Salem Taluk Office, Co-op Building, Cherry Road, Salem 636 001.
5.The Executive Engineer, Public Works Department, Cherry Road, Hasthampatty Salem 636 007.
6.The Assistant Executive Engineer Public Works Department, Cherry Road, Hasthampatty, Salem 636 007.
7.The Assistant Engineer, Public Works Department (Salem East) Yercaud Main Road, P.W.D.Inspection Bunglow 8.The Village Administrative Officer, Gajjalnaicenpatty Village, having Office at Nilavarampatty Salem 636 201.
9.The President, Village Panchayat, Gajjalnaickenpatty Village, Salem 636 201.
... Respondents Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of Mandamus, directing the respondents 1, 2, 5, 6, 7 and 9 to construct Veterinary Hospital in S.No.25/1, Gajjalnaickenpatty Village, Salem Taluk and District as per the Gajjalnaickenpatty Village Panchayat /grama sabha resolution dated 20.04.2015 and 26.02.2016 passed by the 9th respondent within a time frame.
For Petitioner ::: Mr.T.Karunakaran For Respondents ::: Mr.V.R.Kamalanathan Additional Government Advocate for R.1 to R.7
O R D E R
(The Order of the Court was made by The Hon'ble The Chief Justice) The location of the Veterinary Hospital, whether in one place or the other, depends on the exercise of administrative discretion and cannot be a subject matter of Public Interest Litigation.
2. We are thus not inclined to entertain this writ petition.
3. Learned counsel for the petitioner states that he has made a representation on 06.07.2016 and at least that may be considered by the authorities without giving any further cause of action.
4. To the aforesaid extent, the respondents may examine the representation of the petitioner administratively and take a decision without giving any further cause of action.
5. The writ petition accordingly stands dismissed with the aforesaid observation, leaving the parties to bear their own costs. Consequently, connected miscellaneous petition closed. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar To 1.The Secretary, Department of Animal Husbandry Secretariat, St.George Fort, Chennai 600 009.
2.The Assistant Director, Department of Animal Husbandry Bretts Road, Salem 636001.
3.The District Collector, Salem District, Salem.
4.The Tahsildar, Salem Taluk Office, Co-op Building, Cherry Road, Salem 636 001.
5.The Executive Engineer, Public Works Department, Cherry Road, 6.The Assistant Executive Engineer Public Works Department, Cherry Road,
7.The Assistant Engineer, Public Works Department (Salem East) Yercaud Main Road, P.W.D.Inspection Bunglow 8.The Village Administrative Officer, Gajjalnaicenpatty Village, having Office at Nilavarampatty Salem 636 201.
+1cc to Mr.T.Karunakaran, Advocate sr.41623 +1cc to the Government Pleader Sr.41933 W.P.No.25545 of 2016 pvs[co] srg 16/08/2016