R. Loganathan v. District Collector, Office of the District Collector, Thanjavur
2016-02-29
C.T.SELVAM, S.MANIKUMAR
body2016
DigiLaw.ai
ORDER (S.MANIKUMAR, J) Claiming to be a resident of Udayalur, Kumbakonam Taluk, Thanjavur, the petitioner has come forward with this writ petition, in public interest, seeking to quash the proceedings of the respondent, the District Collector, Thanjavur District, in Na.Ka.No.H1/1460/2014, dated 04.11.2015, by which, the District Collector has rejected the request of the petitioner, dated 27.02.2014, as well as the joint representation of presidents of, as many as eight village panchayats, dated 09.02.2014, stating that there is no need or necessity to change the place allocated for construction of Patteeswaram Police Station, from S.No.169/2 of Cholanmaaligai Village to any other place, especially to S.No.329/1, Aariyappadaiveedu Village. 2. Material on record discloses that earlier the petitioner had filed W.P.(MD)No.14488/2015, praying for issuance of a writ of mandamus, directing the respondents 1 to 5 therein, namely (i) the Chief Secretary to Government, (ii) the Home Secretary to Government, (iii) the Revenue Secretary to Government, (iv) the Director General of Police, (v) the District Collector, Thanjavur District and (vi) the Superintendent of Police, Thanjavur District, to consider and pass appropriate orders, on the request of the Superintendent of Police, Thanjavur District, on letter Ref.Na.Ka.No.B1/433044/04, dated 29.04.2008 and Letter Ref.Na.Ka.No.B1/43304/04, dated 10.12.2008, for providing vacant land in Ariyappadaiveedu Panchayat, to the Police Department, for shifting of Pattieswaram Police Station, situated in Kumbakonam Taluk, Thanjavur District. On 13.08.2015, after hearing the learned counsel on either side, a Hon'ble Division Bench of this Court passed the following order: "The case of the petitioner is that under the jurisdiction of Pattieswaram Police Station, Thanjavur District, there are eight village panchayats and at present, the said police station is functioning in a temporary building. To construct a permanent building for the police station, in a place convenient to all the public, that is at Ariyappadaiveedu Panchayat, a joint representation, dated 09.02.2014, signed by the village presidents of all the eight panchayats, was sent to the District Collector, Thanjavur, seeking allotment of lands at Survey No.329/1, to an extent of 0.23.0 Ares. The petitioner also sent another representation, dated 27.02.2014, to the concerned authorities, including the District Collector, Thanjavur. In this regard, the petitioner refers to the letter in Ref.Na.Ka.No.B1/433044/04, dated 29.04.2008 and Letter Ref.Na.Ka.No.B1/43304/04, dated 10.12.2008, of the Superintendent of Police, Thanjavur District as well as the Letter of the Deputy Secretary to Government, Revenue Department, dated 13.04.2010.
The petitioner also sent another representation, dated 27.02.2014, to the concerned authorities, including the District Collector, Thanjavur. In this regard, the petitioner refers to the letter in Ref.Na.Ka.No.B1/433044/04, dated 29.04.2008 and Letter Ref.Na.Ka.No.B1/43304/04, dated 10.12.2008, of the Superintendent of Police, Thanjavur District as well as the Letter of the Deputy Secretary to Government, Revenue Department, dated 13.04.2010. Contending that their representations have not been considered, the petitioner has come forward with this writ petition seeking for a direction to the respondents to consider their representation and pass appropriate orders. 2. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents. 3. Considering the claim of the petitioner, without going into the merits of the matter, we direct the respondents 1 to 5 to consider the claim of the petitioner, if feasible, subject to the consent of all the village president and pass appropriate orders, on merits, within a period of eight weeks from the date of receipt of a copy of this order." 3. Pursuant to the above direction of this Court, the District Collector, Thanjavur, has passed the impugned order, dated 04.11.2015. Challenging the same, the petitioner has filed the present writ petition. 4. In support of his claim that earlier, there was a decision taken to shift Pattieswaram Police Station to Survey No.329/1 in Ariyappadaiveedu Panchayat and in this regard permission was also granted to transfer government poramboke land to the Police Department, the petitioner has once again, placed reliance on the proceedings of the Superintendent of Police, Thanjavur District, in Na.Ka.No.B1/43304/04, dated 29.04.2008, the proceedings of the District Revenue Officer, Thanjavur, in Na.Ka.No.353357/2008-H1, dated 06.11.2008, and the Letter of the Deputy Secretary to Government, Revenue Department, in Ref.No.15995/4(1)/2010-1 dated 13.4.2010. After taking note of all the above proceedings, earlier this Court had left it to the decision of the respondents therein to consider and pass appropriate orders, on the request of the petitioner to shift the police station to Survey No.329/1 in Ariyappadaiveedu Panchayat. There was no positive direction to shift and such positive direction cannot be also given. As directed by the Hon'ble Division Bench in W.P.(MD)No.14488 of 2015, dated 13.08.2015, the District Collector, Thanjavur District, after considering the material on record, has issued the impugned proceedings, rejecting the request of the petitioner. The proceedings District Collector, Thanjavur District, dated 04.11.2015, reads as under: xxx xxx xxx 5.
As directed by the Hon'ble Division Bench in W.P.(MD)No.14488 of 2015, dated 13.08.2015, the District Collector, Thanjavur District, after considering the material on record, has issued the impugned proceedings, rejecting the request of the petitioner. The proceedings District Collector, Thanjavur District, dated 04.11.2015, reads as under: xxx xxx xxx 5. From the above, it is clear that before taking a decision in the matter, reports from the Superintendent of Police, Thanjavur District, the Sub-Collector, Kumbakonam as well as the Tahsildar, Kumbakonam. have been received. Reference has also been made to the proceedings of the Commissioner, Municipal Administration, Chennai, in Letter No.V1/10229/2010, dated 27.02.2012. After analysing the same, the District Collector has come to the conclusion that the land in Survey No. 169/2 in Cholanmaaligai is easily approachable by road and further it is within the territory of Aariyappadai Village and also very nearer to all the eight villages. The impugned order further states that prior permission and land transfer has also been given for the police station in Survey No. 169/2 in Cholanmaaligai Village. 6. Though Mr.B.Jameel Arasu, learned counsel for the petitioner has contended that already a decision had been taken to have the said police station at a different place and suddenly, without application of mind, the District Collector, Thanjavur District, has chosen Survey No.162/2 in Cholanmaaligai village, the said contention cannot be countenanced for the reason that from the perusal of materials enclosed in the typed set of papers, we do not find that any such concrete decision has been taken by the authorities. Establishment of a police station or any public office, in a place, is purely the executive domain, depending upon the need. Public convenience is one of the aspects that needs to be considered. In the case on hand, it cannot be said that the authorities have not taken care of the said aspect. The District Collector, Thanjavur District, has considered the proceedings of the Commissioner, Municipal Administration, Chennai, dated 27.02.2012, reports of the Superintendent of Police, Thanjavur District, Sub-Collector and Tahsildar of Kumbakonam. Grievance addressed by the panchayats have also been considered. Availability of transportation facility has been taken note of. When all the above have been considered by the District Collector, Thanjavur District, it cannot be contended that there is non-application of mind.
Grievance addressed by the panchayats have also been considered. Availability of transportation facility has been taken note of. When all the above have been considered by the District Collector, Thanjavur District, it cannot be contended that there is non-application of mind. Trite to state that it is within the domain of the administrative/executive authorities to take a decision as to where a public office, more particularly, a police station, to be located and Court cannot issue any positive direction to the authorities in this regard. We find no reason to interfere with the order passed by the respondent. Accordingly, the writ petition stands dismissed. No order as to costs.