T.Sambandam v. The Registrar General
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2015
CORAM:
THE HONOURABLE DR. JUSTICE S.TAMILVANAN and THE HONOURABLE MR. JUSTICE V.S.RAVI W.P.(MD)No.2518 of 2015 T.Sambandam ... Petitioner Vs.
1.The Registrar General, High Court of Madras, Chennai.
2.The Chief Secretary, Government of Tamil Nadu, Fort St.George, Chennai 600 009.
3.The District Judge, Thanjavur District.
4.The Chief Engineer (Buildings), Public Works Department, Trichy Zone, Trichy.
5.The Assistant Executive Engineer, Public Works Department Buildings (Construction and Maintenance), Sub Division No.1, Thanjavur.
... Respondents PRAYER: The Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 4 and 5 to lay the inauguration stone in the combined court buildings at Thiruvaiyaru, Thanjavur District by considering the 2nd respondent's communication in letter No.22147/Y2/201401 dated 22.09.2014 and the petitioner's representation dated 02.09.2014 within the period stipulated by this Court.
For Petitioner : Mr.A.Haja Mohideen For Respondents : Mr.D.Venkatesh for R1 and 3 Mr.C.Selvaraj, Spl.G.P.for R2,4 and 5
O R D E R
(Order of this Court was made by S.TAMILVANAN,J.) The relief sought for in the Writ petition is seeking an order in the nature of Writ of Mandamus, directing the Chief Engineer (Buildings), Public Works Department, Trichy, the fourth respondent herein and the Assistant Executive Engineer, Public Works Department Buildings (Construction and Maintenance), Sub Division No.1, Thanjavur, the fifth respondent herein, to lay inauguration stone in the combined court buildings at Thiruvaiyaru, Thanjavur District by considering the second respondent's communication dated 22.09.2014 and the petitioner's representation dated 02.09.2014.
2.Heard the learned counsel appearing for the petitioner, learned counsel appearing for the respondents 1 and 3 and the learned Special Government Pleader appearing for the respondents 2, 4 and 5. https://hcservices.ecourts.gov.in/hcservices/
3.It is an admitted fact that the combined Court building at Thiruvaiyaru, Thanjavur District was already inaugurated. The grievance of the petitioner is that in the combined court building, an inauguration stone should be installed. The relief sought for by the petitioner cannot be construed as public interest. If at all he can approach the concerned authorities and get the needful. Invoking Article 226 of the Constitution of India seeking an order to install inauguration stone is not sustainable, there is no legal grievance available so as to safeguard the rights of the public at large.
4.It has been well settled by the Hon'ble Apex Court that public interest in short, 'PIL' should not be private interest litigation or publicity oriented litigation or political orientation litigation. Here the relief sought for by the petitioner is to lay the inauguration stone, though the combined court building was already inaugurated. In our view the relief sought for does not come under the purview of public interest litigation to maintain a Writ petition and issue any direction to the respondents herein. Hence, the Writ petition is liable to be dismissed. 5.In the result, the Writ petition is dismissed as not maintainable. No costs.
Sd/- Assistant Registrar (T&P) /True copy/ Sub Assistant Registrar To 1.The Registrar General, High Court of Madras,Chennai.
2.The Chief Secretary, Government of Tamil Nadu, Fort St.George, Chennai 600 009.
3.The District Judge, Thanjavur District.
4.The Chief Engineer (Buildings), Public Works Department, Trichy Zone, Trichy.
5.The Assistant Executive Engineer, Public Works Department Buildings (Construction and Maintenance), Sub Division No.1, Thanjavur.
+1cc to Mr.D.Venkatesh, Advocate in SR.No.9521/2015 +1cc to Special Government Pleader in SR.No.9010 sm:30.03.2015:2P/8C W.P.(MD)No.2518 of 2015 https://hcservices.ecourts.gov.in/hcservices/