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2017 Supreme(Mad) 3906

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. SUBBIAH, A.D. JAGADISH CHANDIRA, JJ.
Dr. A.E. Chelliah - Petitioner
Versus
The Registrar General High Court of Madras an Ors. - Respondent
Writ Petition No. 5225 of 2017
Decided on : 26-10-2017

Advocates:
Advocate Appeared:
For the Petitioner: Dr. A.E. Chelliah
For the Respondents:Mr. E.K. Kumaran, Mr. Vijay Narayan, Advocate General Assisted by Mr. A.N. Thambidurai

Headnote:

Constitution of India, 1950 – Article 226 – Civil Laws – Quashment of Proceedings – Writ petition has been filed by the petitioner, as a Public Interest Litigation, seeking to quash the proceedings of the first respondent herein through the Registrar (Management) of this Court and after quashing the same, seeks for a consequential direction to name the Residential Quarters for Judicial Officers at Saidapet and Egmore Court Complex as Bharat Ratna Dr. M.G. Ramachandran Residential Complex for Judicial Officers – Held, Even the request made by the petitioner herein for naming the Judicial Officers Residential Quarters after the name of former Chief Minister was placed before the Portfolio Judge and it was also rejected by citing the earlier decision taken by the Building Committee of this Court – Thus, the orders mentioned above would only indicate that the naming or re-naming of a public building is within the domain of the Government and such a task cannot be undertaken by this Court in exercise of the powers under Article 226 of The Constitution of India – Further, it is not in the annals of the Judiciary to name any building, meant for their occupation, after the name of any prominent or political leaders. – Court do not find any merit in the present writ petition and the same is liable to be dismissed – Writ Petition Dismissed

ORDER :

R. SUBBIAH, J.

1. This writ petition has been filed by the petitioner, as a Public Interest Litigation, seeking to quash the proceedings dated 22.02.2017 of the first respondent herein through the Registrar (Management) of this Court and after quashing the same, seeks for a consequential direction to name the Residential Quarters for Judicial Officers at Saidapet and Egmore Court Complex as Bharat Ratna Dr. M.G. Ramachandran Residential Complex for Judicial Officers.

2. The petitioner herein was appointed as Chairman and Managing Director of Thamizh Naadu Housing Board, a non-official functionary being the Chief Executive for the first time in the Country and such post has been conferred on him by the former Chief Minister of the State of Tamil Nadu Dr. M.G. Ramachandran. It is the case of the petitioner that even during the year 1978, the then Chief Minister of Tamil Nadu Dr. M.G. Ramachandran had expressed his desire to accommodate the various Judges/Magistrates functioning within the City of Chennai by putting up adequate residential quarters for them. In that direction, as the petitioner was the Chairman and Managing Director of Tamil Nadu Housing Board during the relevant period, he had taken all efforts to ensure that the residential quarters are constructed swiftly. In order to fortify this submission, the petitioner placed reliance on the letter dated 17.07.1973 sent by the then Chief Minister of Tamil Nadu Dr. M.G. Ramachandran to the petitioner. The petitioner, in order to fulfil the avowed object of the then Chief Minister of the State has taken various steps and evinced keen interest for construction of Court Buildings in Saidapet and Egmore, Chennai with facilities such as drinking water, lavatory, dining hall for the public and staff. However, after his tenure as Chairman and Managing Director of the Tamil Nadu Housing Board, none has come forward to continue the tasks initiated by him.

3. According to the petitioner, the Honourable Supreme Court, way back in the year 1982, delivered the off-quoted decision in All India Judges Association case reported in AIR 1992 SC 165 reiterating the need for construction of residential quarters for subordinate judiciary in every State Capital. However, according to the petitioner, even before the deliverance of the said Judgment by the Honourable Supreme Court, the then Chief Minister of Tamil Nadu has sown the seeds for construction of modern buildings to accommodate the Judicial Officers in the City of Chennai. While so, in the year 1993, as a measure of implementing the decision of the Honourable Supreme Court, the then Chief Minister of Tamil Nadu Dr. J. Jayalalitha sanctioned a sum of Rs.7.33 crores for putting up construction of buildings at Saidapet and Egmore, Chennai to accommodate the District Munsif/Magistrates functioning in the City of Chennai. According to the petitioner, it was the then Chief Minister Dr. M.G. Ramachandran, who had sown the seeds in the year 1978, but for which, the present Judicial Officers quarters at Egmore and Saidapet would not have become a reality and it's very existence would have been doubtful.

4. The Petitioner, by placing reliance on a newspaper report published on 18.07.1982 in one issue of Tamil Daily Dhinamani would contend that the newspaper report would throw much light on the amenities and facilities which lacked in the Court buildings by then and the need for construction of judicial officers residential quarters. Thus, unless the former Chief Minister had taken steps with a vision ahead to the need for construction of Judicial Officers Residential Quarters, including acquisition of the land for putting up such construction at Saidapet and Egmore, the present buildings, where the Judicial Officers are presently accommodated, would not have come up. The petitioner also relied on the invitation for the foundation stone laying ceremony for residential quarters for judicial officers, Madras on 21.02.1994, which according to the















































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