The Madras High Court dismissed a PIL seeking a direction to the respondents forbearing them from constructing a panchayat office on land situated in Chinna Seeragapadi, Periya Seeragapadi Panchayat, Veerapandi Taluk, Salem District.
The PIL has been filed by one K.P. Duraisamy.
B. Kavya, the counsel for the petitioner, submitted that in the place where construction of the panchayat office is proposed, a weekly shandy is being held and, therefore, the construction of the panchayat office may be made at any other suitable place.
A representation was given to construct the panchayat office in any other land and it is also stated that the present panchayat office is in good condition. Therefore, it is prayed that the respondents be restrained from constructing the panchayat office in the land.
The Division Bench of Acting Chief Justice Munishwar Nath Bhandari and Justice P.D. Audikesavalu while considering the PIL found that the land in question belongs to the panchayat and, accordingly, the panchayat has decided to construct its office in the said land.
Therefore, the Bench held that direction of the nature sought by the petitioner cannot be given for the reason that it is for the respondent authorities to decide where the panchayat office should be located and such exercise of discretion cannot be taken over by the courts. It is not for this court exercising the jurisdiction under Article 226 of the Constitution to direct where the panchayat office is to be constructed.
“The argument of the petitioner that a weekly shandy is being organised in the said area and, therefore, the panchayat office should be constructed in some other land does not merit acceptance, as if such construction is put up in the said land, the respondents would make appropriate arrangements for holding the weekly shandy at some other suitable place,” the Court observed while dismissing the PIL.