The court emphasized the limitations of judicial intervention in policy decisions of the government and highlighted that decisions involving policy and allocation of resources are within the realm of the legislature and executive, and that the court cannot interfere with such decisions unless there is a violation of constitutional or statutory provisions.

1. This Writ Petition has been filed for the issuance of a Writ of Mandamus to forbear the respondents from re-shifting the Secretariat and the Tamil Nadu Legislative Assembly from the New Secretariat Complex at Omandurar Government Estate to its old place at Fort St. George.

2. It is alleged that originally the Secretariat of the Government of Tamil Nadu has functioned from Fort St. George. It was built the British Period in 1640 and it was the seat of power for more than 300 years. The Tamil Nadu Legislative Assembly, Chief Minister’s Office and other Minister’s Office are all housed in the said old building. During the year 1975 a 10-storey building was constructed to ease out congestion in the corridors, and in the said building various departments of the Government start functioning. Since, the Fort St. George belongs to Defence Department, and since, the State Government could not house all its main offices inside the same for want of space and many of the Government Offices were scattered in and around Ezhilagam Building at Chepauk, the then Government headed by the present Chief Minister had started to look out for a proper place to house the State Secretariat. It was decided to construct a new Secretariat at Queen Mary’s College premises at Chennai. Soon after the then Government was voted out of power, the said project was thrown to dark. It is further alleged that in the year 2006, the then newly formed Government sensing the need for a spacious building to house its various departments and the State Legislative Assembly, started searching for a new location. It identified the Omandurar Government Estate in Anna Salai, Chennai for the construction of New Secretariat. After demolishing the various old structures, which were present in the said location for many years, the then Government started constructing a New Secretariat at an estimated cost of `450 Crores. Due to escalation of cost, and due to certain additions and deletions in the plan, the cost of the construction shot up `1,100 Crores. The New Secretariat Complex was opened on 13.03.2010. Thereafter, on 02.06.2010, the Legislative Assembly Hall at the Old Secretariat viz., Fort St. George was allotted to the use of a Library, it appears that now the newly elected Government decided to shift the State Secretariat from Omandurar Estate, Anna Salai, Chennai to its original place at Fort St. George, Chennai.

3. The main contention of Dr. Krishnamurthy, learned Counsel for the Petitioner is that the shifting of the State Secretariat from Omandurar Estate, Anna Salai, Chennai to its previous place viz., Fort St. George, Chennai is illegal, arbitrary, unauthorized and against public interest. The shifting is unmindful of the huge expenditure incurred already. It is borne out of whims and fancies of those in power. Since, the State Exchequer is already in a poor state, the shifting will create a huge strain on the public exchequer. The decision to shift is purely a colourable exercise, and it must be checked.

4. Dr. Krishnamurthy, learned Counsel for the Petitioner, however, confined his submission only to the extent that in any event, such decision should not have been taken in the interregnum, i.e., the period between 14.5.2011 and 15.5.2011, especially when the new Government assumed Office only on 16.5.2011.

5. We have perused the Writ Petition and considered the submission made by the learned Counsel for the parties.

6. The question that falls for consideration firstly, is as to whether such a relief can be sought for by designing the Writ Petition as a Public Interest Litigation; and secondly, whether this Court, under Article 226 of the Constitution of India, can interfere with the administrative and policy decisions of the Government and decide as to whether the State Secretariat will be located, in the new building or in the old building.

7. It is well settled that Public Interest Litigation is not meant to be a weapon to challenge the financial,