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Madras High CourtWP(MD)/15012/2016dismissed

All Community Peoples v. The District Collector

2016-09-16Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :16.09.2016

CORAM

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P(MD)No.15012 of 2016 All Community People's Right and Security Protection Trust - Mamsapuram Reg. No.1023/2011 rep. By its President R.Muthiah Thevar, S/o.K.Rakkappa Thevar Pillimar Kovil Street, Mamsapuram village, Srivilliputhur Taluk .. Petitioner vs.

1.The District Collector Virudhunagar District, Virudhunagar.

2.The Superintendent of Police, Virudhunagar.

3.The Revenue Divisional officer, Sivakasi, Virudhunagar District.

4.The Deputy Superintendent of Police Srivilliputhur, Virudhunagar.

5.The Tahsildar, Srivilliputhur Taluk Virudhunagar District.

6.The Inspector of Police, Srivilliputhur Town Police Station 7.The Sub Inspector of Police, Mamsapuram Police Station .. Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus to direct the respondents to take necessary steps to run a Mamsapuram Police Station in the existing place in Survey No.405/2 Sivanthipatti - Mamsapuram Village, Srivilliputhur Taluk, Srivilliputhur Panchayat Union, Virudhunagar District.

For Petitioner :

Mr.G.Marimuthu For Respondents :

Mr.T.R.Janarthanam Government Advocate

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner, who claims to be a Trust known as All Community Peoples Right and Security, protection Trust, has come up with this public interest litigation seeking a direction to the respondents to continue to run the police station in the existing building comprised in 405/2 Sivanthipatti - Mamsapuram Village, Srivilliputhur Taluk, Srivilliputhur Panchayat Union, Virudhunagar District and not to shift the same to S.No.210 at Deivendari Village, Srivilliputhur Panchayat Union, Virudhunagar District.

2. We have heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.

3. In the counter filed by the 6th respondent, it is stated that the Mamsapuram Police Station is now housed in a rented building in Sivanthipatti Village. It is proposed to put up a building for its own, for which, various places were considered, at the end, the Village Administrative Officer located the place, which is available in the hands of the Government. Accordingly, it is proposed to construct a building in the said place in Deivendari Village.

4. In our considered view, it is the policy matter of the Government, which we cannot decide. The petitioner cannot have any vested right to insist upon the Government to continue the police station only in a rented building. In our considered view, there is no merit at all in this petition. Accordingly, the writ petition is dismissed. No costs. Consequently connected Miscellaneous Petition is also dismissed. Sd/- Assistant Registrar(C.O.) /True Copy/ Sub Assistant Registrar To 1.The District Collector Virudhunagar District, Virudhunagar.

2.The Superintendent of Police, Virudhunagar.

3.The Revenue Divisional officer, Sivakasi, Virudhunagar District.

4.The Deputy Superintendent of Police Srivilliputhur, Virudhunagar.

5.The Tahsildar, Srivilliputhur Taluk Virudhunagar District.

6.The Inspector of Police, Srivilliputhur Town Police Station 7.The Sub Inspector of Police, Mamsapuram Police Station +1 cc to Mr.G.Marimuthu, Advocate in Sr No.52890 +1 cc to Spl.Govt.Pleader in SR No.53170 W.P.(MD)No.15012 of 2016 and WMP No.11065 of 2016 16.09.2016 rr anr/ss2/24.10.2016/3p/10c