Begin typing your search...
High Court livid with pleas seeking to direct location of govt offices
Infuriated with the court being flooded with very many litigations styled as Public Interest Litigations (PILs), seeking to direct the government to locate the office or any other place of public utility on the land of their choice, the Madras High Court has dismissed a plea seeking to restrain the Salem District Collector from proceeding with the construction of the sub-registrar office at the place planned at Tharamangalam Village in Omalur Taluk, at the admission stage itself.
By
migrator
migrator
Chennai
A division bench comprising Justice M Sathyanarayanan and Justice N Seshasayee on taking strong exception to such PILs, said “It is a well settled position of law that in the absence of any statutory right or infraction of statute, this Court cannot issue a mandamus (order a person to perform a public or statutory duty).”
“The petitioner virtually wants this court to run the administration, especially regards the choice of the place in which the Sub Registrar Office should come in place,” the bench said while holding that this court, on an earlier occasion, dealt with a similar issue and had dismissed the writ petition.
“It is not for this court to stipulate on which place, the office of the Sub Registrar should come and it is also not within the domain of this court to issue a positive direction in this regard, in exercise of its jurisdiction under Article 226 of the Constitution of India,” the bench led by Justice Sathyanarayanan had held then.
The petitioner Settu had submitted that people had gifted their plot in S.No.94/2 in Patta No.1422, measuring to an extent of 4,900 square foot, in Tharamangalam. But, without choosing the said place and the availability of the other lands belonging to the Government, the office of the Sub Registrar is going to be put up at Patta No.1422 in S.No.94/2 through tender.
He further noted that a representation regards this was sent on September 18 expressing grievance on the said decision taken by the concerned authority. But despite, receipt and acknowledgment, no response is forthcoming and therefore, is constrained to approach this Court by filing the present writ petition, he said.
Government pleader V Jayaprakash Narayan, submitted that after taking into consideration all the relevant factors, the decision has been taken to construct the Sub Registrar Office in the land in question and the tender process is also on.
Visit news.dtnext.in to explore our interactive epaper!
Download the DT Next app for more exciting features!
Click here for iOS
Click here for Android
Next Story
