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2020 Supreme(Mad) 2262

IN THE HIGH COURT OF MADRAS
M. Sathyanarayanan, R. Hemalatha, JJ.
R. Kalyanam - Appellant
Versus
State of Tamil Nadu and Ors. - Respondent
W.P. No. 15124 of 2020
Decided On : 28-10-2020

Advocates Appeared:
For the Appellant : A. Muthukumar
For the Respondent: R. Vijayakumar, Additional Government Pleader

Headnote:

Constitution of India,1950 - Articles 226 and 21 - Tamil Nadu Hindu Religious and Charitable Endowments Act - Sections 34 and 47 - Religious and Charitable Endowment - Temple to convey the lands admeasuring - Traffic congestion and hence prays for appropriate direction for formation of the Technical Committee to examine - Whether place now chosen is most suited one for the Municipality to locate a bus-stand or not - Petitioner is a former member of the Tamil Nadu Legislative Assembly Constituency and he came forward to file this Writ Petition styled as a Public Interest Litigation stating among other things that originally Mayiladuthurai was a part of Nagapattinam District - Stand in Mayiladuthurai town was several increase in population, several institutions had also came into being and that apart, Mayiladuthurai Town also lies in close proximity to very many famous religious places and as such, there are always used to be floating population in the said Town then Mayiladuthurai Municipality had decided to construct a new bus stand at Thennamara Salai and also accorded sanction for acquisition of 8.74 acres of land in the said town and out of the said extent of land is under the control of Hindu Religious and Charitable Endowment Department and another - Trust and a private party also owns 0.70 acres and remaining 3 ½ acres belong to Government - Commissioner of HR & CE has also accorded permission to the said Temple to convey the lands admeasuring an extent – Held, Courts take upon themselves the task of issuing ukases as to how administrative agencies should function, what is there to prevent them from issuing directions as to how the State Government or the Central Government should the State and run the country? In our opinion such an approach would not only disturb delicate balance of powers between the three wings of the State, it would also strike at the very basis of our democratic polity postulates that the governance of the country should be carried on by the executive enjoying the confidence of the legislature which is answerable and accountable to the people at the time of elections - Such an approach would in our opinion result in judicial oligarchy dethroning democratic supremacy - Country can ill afford to be governed through court decrees - Any such attempt will not only be grossly undemocratic, it would be most hazardous as the courts do not have the expertise or resources in this connection - Judiciary is not in a position to provide solutions to each and every problem, although human ingenuity would not be lacking to give it some kind of shape or semblance of a legal or constitutional right e.g. by resorting to Article 21 - Problems confronting the nation are so huge that it will be creating an illusion in the minds of the people that the judiciary can solve all the problems - Judiciary can make some suggestions/recommendations to legislature or the executive, but these suggestions/recommendations cannot be binding on the legislature or the executive - Judiciary can run the Government and can solve all problems of the people is not only unconstitutional, but also it is fallacious and creates a false impression and false illusion that judiciary is a panacea for all ills in society - Writ Petition is dismissed

ORDER :

M. Sathyanarayanan, J.

1. The petitioner is a former member of the Tamil Nadu Legislative Assembly Constituency and he came forward to file this Writ Petition styled as a Public Interest Litigation stating among other things that originally Mayiladuthurai was a part of Nagapattinam District till 3rd week of April 2020 and the Government of Tamil Nadu took a policy decision to bifurcate the Nagapattinam District and formed a new district with Mayiladuthurai as it's Head Quarters and a Special Officer has also been appointed to look after all establishments of new district of Mayiladuthurai.

2. Mr. A. Muthukumar, learned counsel appearing for the petitioner would submit that the present Bus Stand in Mayiladuthurai town was constructed in the year 1961-62 and in view of several increase in population, several institutions had also came into being and that apart, Mayiladuthurai Town also lies in close proximity to very many famous religious places and as such, there are always used to be floating population in the said Town. The then Mayiladuthurai Municipality had decided to construct a new bus stand at Thennamara Salai and also accorded sanction for acquisition of 8.74 acres of land in the said town and out of the said extent of land, 4.01 acres belong to Sri Parimala Ranganathsamy Temple, Mayildaduthurai, which is under the control of Hindu Religious and Charitable Endowment Department and another extent of 0.57 acres of land belong to the Trust namely AVC Trust and a private party also owns 0.70 acres and the remaining 3 ½ acres belong to the Government. The Commissioner of HR & CE has also accorded permission to the said Temple to convey the lands admeasuring an extent of 3.91 acres in S.F. Nos. 738, 743 and 745 in exercise of it's power under Section 34 of the Tamil Nadu Hindu Religious and Charitable Endowments Act and the said order was published in the District Gazette of Nagapattinam District, dated 11.04.2006. It is pointed out by the learned counsel appearing for the petitioner that the 6th respondent has announced a proposal to construct a new bus stand at Mayiladuthurai Village in a land admeasuring an extent of 13.77 acres of land belong to the Dharmapuram Adheenam and it was also widely published in new dailies and upon seeing it, lot of dissent and descent came into being and objections were also raised.

3. The primordial submission made by the learned counsel appearing for the petitioner by drawing attention of this Court to the representation dated 26.08.2020 submitted by the petitioner, is that if the new bus stand is established at Manakkudi Village, distance between the proposed Collectorate will be more than 10 kms and the traveling public has to travel the entire stretch of town to go to the another extent, which also added to the traffic congestion and hence prays for appropriate direction for formation of the Technical Committee to examine the best place for construction of new bus stand at Mayiladuthurai. It is also the submission of the learned counsel appearing for the petitioner is that the ideal place for establishment of new bus stand at Mayilduthurai is Thennamara Salai, Thiruvizhandur, Mayiladuthurai, which itself is about 5kms from Thennamara Salai and the distance between Mayiladuthurai Railway Junction and Manakkudi Village is about 10 kms and therefore, prays for appropriate orders.

4. Mr. R. Vijayakumar, learned additional Government Pleader accepts notice on behalf of the respondents 1 to 5 and Mr. P. Srinivas, learned standing counsel accepts notice for the 6th respondent and they would submit that it is a policy decision and in the absence of any averment/allegation as to the arbitrariness in taking such decision, the writ petition is not maintainable and prays for dismissal of the same.

5. This Court has carefully considered the rival submissions and also perused the materials placed before it.

6. In (2014) 4 LW 562 (R. Eakamparam v. Government of Tamil Nadu,), locating of new bus stand

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