President, Panchayat Union Council v. P.K. Muthusamy & Others

ORDER Leave granted. Heard learned counsel for the appellants. This Appeal, by grant of special leave, has been filed against the impugned judgment of the High Court of Madras 0 dated 19th February, 2008. It appears that some accommodation was required for the District Munsif-cum-Judicial Magistrate Court at Pennagaram Taluk, Dharmapuri District, Tamil Nadu, By the impugned order, the High Court has directed that the old Block Development E Office building shall be allotted for the aforesaid Court. In our view, it was not within the jurisdiction of the High Court to pass the aforesaid Order. We can understood t-he High Court's concern th~' there should be proper accommoda~ion F for the Munsifs Court, but for that purpose the High Court can only make a request to the Government and not direct the Government to allot or give a particular land or building which belongs to the Government or to anyone else. This Court has been repreatedly saying that the judiciary should not ordinarily G encroach into the domain of the exectuive or legislature vide Divisional Manager, Aravali .Gold Club & Another vs. Chander Hass & Another, (2008) 1 SCC 683, Common Cause vs. Union of India, (2008) 5 SCC 511, etc. There must be restraint in these matter on the part of the judicaiary. We H are confindent that if the judiciary makes a request to the r PRESIDENT, PANCHAYAT UNION COUNCIL v. P.K. 469 MUTHUSAMY & ORS. 1· Government, the Government will consider that request with A great respect and take suitable steps for the smooth functioning of the Court. However, but in such matters, the Court cannot """' direct the government to allot a particular land or building for that purpose. Accordingly, we accept this appeal; set aside the impugned judgment of the High Court and request the Chief Secretary, State of Tamil Nadu to discuss the matter with the Registrar General of the High Court so as to reslove the problem as early as possible, preferably within a period of two C months' from today. No order as to costs. Registry is directed to send a copy of this order to the Chief Secretary, State of Tamil Nadu as well as Registrar General of the Madras High Court. R.P. Appeal allowed.