Madras High CourtWP(MD)/19378/2017dismissed

P.Uthirapathy, S/O.Perumal v. The Government Secretary

2017-11-28Honourable The Chief Justice,Honourable Mrs Justice J. Nisha Banu4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2017 CORAM :

THE HONOURABLE MS.INDIRA BANERJEE, CHIEF JUSTICE AND THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.19378 of 2017 P.Uthirapathy ... Petitioner vs.

1)The Secretary to Government, Revenue Department, Government of Tamilnadu, Secretariat, Chennai-600 009.

2)The Additional Chief Secretary, Commissioner of Revenue Administration, Chepauk, Chennai-600 005.

3)The Director, Rural Development and Rural Organization, Panagal Building, Saidapet, Chennai-600 015.

4)The Director General of Police, Beach Road, Chennai.

5)The District Collector, Thanjavur District, Thanjavur.

6)The District Collector, Thiruvarur District, Thiruvarur.

7)The Superintendent of Police, Thanjavur District, Thanjavur.

8)The Superintendent of Police, Thiruvarur District, Thiruvarur.

9) The Block Development Officer, Valangaiman Panchayat Union, Valangaiman Taluk, Thiruvarur District.

10)The President, Annukudi Panchayat Annukudi, Valamgaiman Taluk, Thiruvarur District.

11)The President, Uthamadhanapuram Panchayat, Uthamadhanapuram, Valangaiman Taluk, Thiruvarur District.

12)The President, Moolavalancheri Panchayat, Moolavalancheri, Valangaiman Taluk, Thiruvarur District.

13)The President, Nallur Panchayat, Valangaiman Taluk, Thiruvarur District.

14)The President, Madagaram Panchayat, Madagaram, Valangaiman Taluk, Thiruvarur District.

15)The President, Manaloor Panchayat, Valangaiman Taluk, Thiruvarur District.

... Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, to direct the 7th respondent not to shift Papanasam Police Station from the jurisdiction of Respondent Nos.10 to 15 to Valangaiman Taluk of 8th Respondent, by considering the petitioner's representation dated 03.10.2017 within the period stipulated by this Honourable Court. For Petitioner : Mr.A.Haja Mohideen For Respondent Nos.1 to 8 : Mr.S.Kumar Additional Government Pleader For Respondent Nos.9 to 15 : Mr.R.Velmurugan

ORDER

(Order of this Court was made by Hon'ble THE CHIEF JUSTICE) This writ petition has been filed seeking orders in the nature of Writ of Mandamus, directing the 7th respondent not to shift Papanasam Police Station which exercises jurisdiction in respect of Annukudi Panchayat, Uthamadhanapuram Panchayat, Moolavalancheri Panchayat, Nallur Panchayat, Madagaram Panchayat and Manaloor Panchayat to Valangaiman Taluk.

2.Where a Police Station should be situate, the area over which such Police Station should exercise jurisdiction are entirely within the scope of executive functions of the State. Entertaining a Public Interest Litigation which in effect calls upon the Court to decide where a Police Station should be situate and what are the areas over which such Police Station should exercise jurisdiction would tantamount to judicial overreach.

3.The writ petition is patently misconceived and the same cannot be entertained. The writ petition is accordingly dismissed. No costs.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To 1)The Secretary to Government, Revenue Department, Government of Tamilnadu, Secretariat, Chennai-600 009.