PIL plea to name quarters after MGR rejected by Madras High Court
CHENNAI: A PIL plea to name the judicial officers’ residential quarters at Egmore and Saidapet after former chief minister and AIADMK founder M G Ramachandran has been rejected by a division bench of the HC.
“The task of naming or re-naming of a public building cannot be subjected to judicial review as it is within the exclusive domain of the government to decide it by taking a policy decision or even by a consultative process with all the stakeholders,” a bench of Justices R Subbiah and A D Jagadish Chandra observed on October 26.
The bench was dismissing a PIL from A E Chelliah, aN advocate, who had also been appointed as the first chairman and managing director of Tamil Nadu Housing Board during MGR regime in 1978. Chelliah claimed MGR’s contribution to the judiciary was immense. It was he who had evinced keen interest and was instrumental in the construction of residential quarters for judicial officers at Egmore and Saidapet and in the welfare of judiciary. “Therefore, it would be apt to name the judicial offficers’ residential quarters at Saidapet and Egmore as “Bharat Ratna Dr M G Ramachandran Residential Complex for Judicial Officers,” petitioner said.
Rejecting the same, the bench observed that the relief sought for naming or re-naming the judges’ quarters cannot be taken up by the court. For maintaining a PIL, it must be shown that the government or its instrumentalities had failed to discharge their public duty or breached the well-established procedures while discharging their public duty or there was any violation of any provision of law or constitutional mandate in the discharge of such duty. The petitioner also must show there was violation or transgression of any law by the authorities and such violation warranted judicial interference.
“In this case, we are of the firm opinion that the petitioner has not demonstrated that there is any infringement of any of his fundamental or legal right warranting our interference. In the absence of any proof to show that the fundamental right of the petitioner has been infringed, we refrain from entering into an arena, over which the government only has exclusive domain either to name or re-name the Judicial Officers Residential Quarters. In fact, such a plea made by the petitioner herein was also rejected by the HC by a communication dated February 22 last, which remains unchallenged by petitioner till date,” the bench pointed out.
Even the request made by petitioner for naming the quarters after MGR was placed before the portfolio judge of the HC and it was also rejected on February 14 last citing the earlier decision.
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