The petitioner challenged the proposed construction of a taluk office on land occupied by an existing electric sub-station. The Court held that site selection is an administrative matter and dismissed the writ petition against the State's proposal.
Writ petition dismissed; no order as to costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.11.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.23927 of 2021 in
WMP No.25257 of 2021
D.Devaraj ... Petitioner Vs 1.The District Collector, Tiruvallur District, Tiruvallur. 2.The Revenue Divisional Officer, Ponneri, Tiruvallur District. 3.The Tahsildhar, Ponneri Taluk, Tiruvallur. 4.The Executive Officer, Ponneri Town Panchayath, Ponneri – 601 204. 5.The Assistant Executive Engineer, PWD (building), Ponneri Sub Division, Ponneri-601 204, Tiruvallur District. 6.The Superintending Engineer, Chennai Electricity Distribution Circle/North, No.144, Anna Salai, Chennai – 600 002. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus forbearing and prohibiting the respondents 1 to 5 from carrying any activity, including the construction of a Taluk Office Building or any other structure, in and over the lands measuring in extent 1.54
acres, comprised in Survey No.529/2, Ponneri Village and Taluk, Tiruvallur District.
For the Petitioner : Mr.B.Harikrishnan
For the Respondents : Mr.P.Muthukumar State Government Pleader for respondent Nos.1 to 5
ORDER
(Order of the Court was made by Hon'ble Chief Justice)
The petitioner seeks to rely on an internal communication between State officials to thwart the construction of a taluk office building at a piece of land at Ponneri Village of Tiruvallur Taluk.
There will be no order as to costs.
Sd/-
Assistant Registrar(CS II)
//True Copy//
Sub Assistant Registrar
bbr
To:
1.The District Collector, Tiruvallur District, Tiruvallur. 2.The Revenue Divisional Officer, Ponneri, Tiruvallur District. 3.The Tahsildhar, Ponneri Taluk, Tiruvallur. 4.The Executive Officer, Ponneri Town Panchayath, Ponneri – 601 204. 5.The Assistant Executive Engineer, PWD (building), Ponneri Sub Division, Ponneri-601 204, Tiruvallur District. 6.The Superintending Engineer, Chennai Electricity Distribution Circle/North, No.144, Anna Salai, Chennai – 600 002. +1cc to Mr.L.Jai Venkatesh, Advocate Sr.57943 +1cc to Mr.B.Harikrishnan, Advocate Sr.57407
W.P.No.23927 of 2021
ssv[co] srg 16/11/2021
2 issues framed by the court
Whether the High Court should interfere in an administrative decision regarding site selection for a taluk office building when an electric sub-station exists at the site.
Whether divergent views of State departments justify judicial intervention in the executive's final decision.
D.Devaraj
The District Collector, Tiruvallur District
The Revenue Divisional Officer, Ponneri
The Tahsildhar, Ponneri Taluk
The Executive Officer, Ponneri Town Panchayath
The Assistant Executive Engineer, PWD
Sanjib Banerjee
P.D.Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
