P.Bhaskar, Advocate, v. The Principal Secretary,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.VENUGOPAL AND THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.19364 of 2017 P.Bhaskar : Petitioner .vs.

1. The Principal Secretary, The Union of India, New Delhi.

2. The Chief Secretary, The Government of Tamil Nadu, Chennai - 600 009.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying this Court for issuance of a Writ of Mandamus directing the 1st and 2nd respondents to consider the petitioner's representation dated 05.10.2017 and 06.07.2017 respectively. For Petitioner : Mr.P.Bhaskar(Party-in-person) For R-2 : Mr.T.R.Janarthanan, Additional Government Pleader

O R D E R

********** [Order of the Court was made by M.VENUGOPAL, J.] This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the 1st and 2nd respondents to consider the Petitioner's representation dated 05.10.2017 and 06.10.2017 respectively.

2.Heard the Learned Counsel for the Petitioner on the maintainability of the present Writ Petition.

3. It transpires that the Petitioner had given representations dated 05.10.2017 and 06.10.2017 before the Respondents, wherein he had prayed for declaration of 17th and 19th October, 2017 as National Level Public Holidays for Diwali Celebration across the State of Tamil Nadu and the rest of India to facilitate the people working in the Government and non-Government establishments along https://hcservices.ecourts.gov.in/hcservices/

with students and professionals to celebrate Diwali festival by travelling to native places from work places and back to work places with ease and this will free the people from hurry atmosphere of the over crowded buses and trains.

4. Prima facie this Court is of the considered view that the relief sought for by the Petitioner in the present Writ Petition to consider his representations dated 05.10.2017 and 06.10.2017 addressed to the Respondents praying to declare 17th and 19th October, 2017 as National Level Public Holidays for Diwali Celebration across the State of Tamil Nadu and the rest of India to facilitate the people working in the Government and nonGovernment establishments etc., is not maintainable in the eye of Law, because of the simple reason that it is not for a Court of Law to consider the aforesaid representations of the Petitioner, dated 05.10.2017 and 06.10.2017. In the absence of violation of either relevant Constitutional or statutory provisions, it is not within the purview of a Court of Law to deal with any policy matter by issuing necessary guidelines or directions. Further, it is not for the Court to run the administration of the Government in one way or the other. Viewed in that perspective, the present Writ Petition sans merits.

5. In fine, this Writ Petition is dismissed. No Costs. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The Principal Secretary, The Union of India, New Delhi.

2. The Chief Secretary, The Government of Tamil Nadu, Chennai - 600 009.

+1cc to Spl.Government Pleader Sr.No.83001 PM VB/KP/SAR4/31.10.2017/2P/4C ORDER MADE IN W.P.(MD)No.19364 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 13.10.2017