J. Manoharan v. Inspector General of Registration State
2013-07-24
R.BANUMATHI, T.S.SIVAGNANAM
body2013
DigiLaw.ai
JUDGMENT :- R. BANUMATHI, J. 1. This Writ Petition by way of Public Interest Litigation has been filed for issue of a writ of mandamus to direct the first respondent to take necessary action by instructing other respondents to construct the Government owned Building for Guduvanchery Sub Registrar Office in Guduvanchery Village, Chengalpattu Taluk, Kancheepuram District. 2. The petitioner is a practicing Advocate at Chengalpattu District Court. According to the petitioner, the Sub Registrar Office at Guduvancherry has been functioning at the private building on the G.S.T.Road since 11.8.1986 and that the Sub-Registrar has the jurisdiction over nearly fifty villages. 3. According to the petitioner because of the location of the Sub-Registrar Office on the National Highways and because of the heavy flow of traffic, the public are finding it difficult to have access to the Sub Registrar Office. In this regard, the petitioner is said to have made a representation by way of legal notice to the respondents on 10.04.2013. The learned counsel had also drawn our attention to the paper clippings dated 11.07.2013, to state that the public are put to lot of inconvenience because of the location of the Sub Registrar Office in the National Highways and the public have also raised protest for their grievance by conducting demonstrations. The learned counsel has also drawn our attention to the communication sent by the Inspector General of Registration dated 17.05.2012, to all the Deputy Inspectors, Registrars and Sub-Registrars, calling upon them to take steps to construct Government building. The said communication is to the following effect: “TAMIL” 4. Mr.S.T.S.Moorthy, learned Government Pleader submits that the Government is taking active steps to construct Sub Registrar Office and other Offices of Registration Department in the Government Building and the work is taken up in a phased manner subject to the availability of the Government land. The learned Government Pleader also drawn our attention to the communication sent by the Deputy Inspector of Registration addressed to the petitioner dated 30.4.2013, stating that the proposal for construction of building in the Government land at Guduvancherry is under consideration of the Government. 5. However, the learned Special Government Pleader submitted that the petitioner has got no public interest and that he being an Advocate is mainly practicing in the Sub-Registrar Office and he himself has got the Office in the Sub-Registrar Office on a monthly rent basis. 6.
5. However, the learned Special Government Pleader submitted that the petitioner has got no public interest and that he being an Advocate is mainly practicing in the Sub-Registrar Office and he himself has got the Office in the Sub-Registrar Office on a monthly rent basis. 6. In a public interest litigation, Courts are to exercise utmost care and circumspection and the petitioner under the guise of public interest litigation cannot be allowed to pursue his private interest. Further, since the petitioner himself is stated to be practicing in the same Sub Registrar Office and also having Office where the Office of the Sub Registrar is functioning, we do not find any public interest involved in the Writ Petition. Accordingly, the Writ Petition fails and the same is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.