D.Devaraj v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.11.2021 CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.23927 of 2021 in WMP No.25257 of 2021 D.Devaraj ... Petitioner Vs 1.The District Collector, Tiruvallur District, Tiruvallur.
2.The Revenue Divisional Officer, Ponneri, 3.The Tahsildhar, Ponneri Taluk, Tiruvallur.
4.The Executive Officer, Ponneri Town Panchayath, Ponneri - 601 204.
5.The Assistant Executive Engineer, PWD (building), Ponneri Sub Division, Ponneri-601 204, 6.The Superintending Engineer, Chennai Electricity Distribution Circle/North, No.144, Anna Salai, Chennai - 600 002.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus forbearing and prohibiting the respondents 1 to 5 from carrying any activity, including the construction of a Taluk Office Building or any other structure, in and over the lands measuring in extent 1.54
acres, comprised in Survey No.529/2, Ponneri Village and Taluk, For the Petitioner : Mr.B.Harikrishnan For the Respondents : Mr.P.Muthukumar State Government Pleader for respondent Nos.1 to 5
ORDER
(Order of the Court was made by Hon'ble Chief Justice) The petitioner seeks to rely on an internal communication between State officials to thwart the construction of a taluk office building at a piece of land at Ponneri Village of Tiruvallur Taluk.
2. According to the petitioner, an electric sub-station has been in existence at the site at land bearing S.No.529/2 since or about 1955. The District Collector has proposed that such site would be the most appropriate for construction of the taluk office. Following the proposal, the Superintending Engineer of Chennai Electricity Distribution Circle, North expressed an opinion that the sub-station should not be re-located or disturbed.
3. It is an entirely administrative matter that the various departments of the State must get together and decide on. There may be divergent views, but at the end of the day the final decision has to be that of the executive's and unless such decision is opposed to public policy or endangers human life or is otherwise against public interest, the courts will not interfere in the decision or the decision-making process.
4. W.P.No.23927 of 2021 is dismissed. W.M.P.No.25257 of 2021 is closed.
There will be no order as to costs.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar
bbr To:
1.The District Collector, Tiruvallur District, Tiruvallur.
2.The Revenue Divisional Officer, Ponneri, 3.The Tahsildhar, Ponneri Taluk, Tiruvallur.
4.The Executive Officer, Ponneri Town Panchayath, Ponneri - 601 204.
5.The Assistant Executive Engineer, PWD (building), Ponneri Sub Division, Ponneri-601 204, 6.The Superintending Engineer, Chennai Electricity Distribution Circle/North, No.144, Anna Salai, Chennai - 600 002.
+1cc to Mr.L.Jai Venkatesh, Advocate Sr.57943 +1cc to Mr.B.Harikrishnan, Advocate Sr.57407 W.P.No.23927 of 2021 ssv[co] srg 16/11/2021