IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND EIGHT P R E S E N T THE HON'BLE SRI JUSTICE D.S.R.VARMA and THE HON'BLE MS. JUSTICE G.ROHINI WRIT PETITION NO : 9625 of 2008 Between: M. Laxmipathi Naidu S/o M.N. Naidu R/o Elamanda Grampanchayath, Chittoor District. ..... PETITIONER A N D 1 K. Krishnaiah the Inspector of Posts, Piler Sub Division, Chittoor District. 2 The Superintendent of Post Office, Tirupati Division, Chittoor district. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction especially one in the nature of Writ of Mandamus a) declaring that the action of the 1st respondent in addressing letter No. ESP/9/1/19-5, dt 28-2-2008 and consequential letter of the 2nd respondent dt 29-2-2008 and the consequential letter addressed by Inspector of Posts in Bo/EM/2008 dt 16-4-2008 directing shifting of branch post Office located in Ellamanda (Kalsa) Village of Ellamanda Gram Panchayath to Reddivaripalli (V) of Ellamanda GP as illegal and arbitrary and violative of Article 14, 21 of Constitution of India and pass such order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.M.SURENDER RAO Counsel for the Respondents : MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GENERAL) The Division Bench made the following order: {Per the Hon’ble SRI JUSTICE D.S.R.VARMA} THE HON'BLE SRI JUSTICE D.S.R.VARMA AND THE HON'BLE MS. JUSTICE G.ROHINI Writ Petition No.9625 of 2008 Oral Order: (per D.S.R.Varma, J.) Heard Sri M.Surender Rao, learned Counsel appearing for petitioner and Sri A.Rajasekhar Reddy, learned Assistant Solicitor General, appearing for respondent No.2. 2. This writ petition is filed for the relief of issuing a writ, order or direction especially one in the nature of writ of mandamus declaring the action of respondent No.1 in addressing Lr.No.ESP9/1/19-5, dated 28-02-2008 and consequential letter of respondent No.2 dated 29-02-2008 and the consequential letter addressed by the Inspector of Posts in BO/EM/2008, dated 16-4-2008 directing shifting of branch Post Office located in Ellamanda (Kalsa) village of Ellamanda Gram Panchayat to Reddivaripalli village of Ellamanda Gram Panchayat, as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and to pass such other order or orders as this Court may deem fit and proper in the circumstances of the case. 3. From the above, the epicenter of the whole grievance of the petitioner is that shifting of the branch Post Office, which is hitherto is located at Ellamanda village to Reddivaripalli village of Ellamanda Mandal, Chittoor District. 4. As the contention of the learned Counsel for petitioner is that earlier public offices at Reddivaripalli village like Telephone Exchange, Police Out- Post and Gram Panchayat were blasted by the extremists. Therefore, it is not desirable to shift the present branch Post Office from Ellamanda village to Reddivaripalli village. 5. According to the learned Counsel, Reddivaripalli village is a vulnerable place and there is every likelihood of attack in future against the Post Office also. 6. Added to this, according to the learned Counsel, it would cause a lot of inconvenience to the villagers of Ellamanda village. 7. On the other hand, the learned Assistant Solicitor General appearing for respondent No.2, upon instructions, submitted that it is true that earlier, there were attacks by the extremists on the public offices, but the same were reconstructed and they are very much in existence. He further stated that the population at Ellamanda village is low when compared to Reddivaripalli village. Certainly, locating the post office at Reddivaripalli village where several public offices are located would not only cater the needs of the general public at Reddivaripalli village but also the people at Ellamanda village. 8. Thus, the risk of installing the post office at Reddivaripalli village has been taken by the Postal Department with full knowledge. Earlier, there were attacks by the extremists on the public offices. But, keeping in view the needs of the people around Reddivaripalli village including Ellamanda village, in the larger interest, though the department is suffering loss in running the post offices has resorted to install a brach post office at Reddivaripalli village. The instructions received by the Assistant Solicitor General of India have been made part of the record, of course, which do not contain all the details but the submissions made by the learned Counsel. 9. However, the learned Counsel appearing for petitioner points out that even the alleged instructions only reveal that a report was called for and the same is yet to be received. 10. But, in this connection, it is to be seen that the said instructions are in the nature of correspondence in the Department of Posts, India between the Superintendent of Post Offices, Tirupati Division, Tirupati and the Chief Postmaster General, Andhra Circle, Hyderabad. 11. However, in view of the fact that the department is awaiting a report on the representations made by the villagers of Ellamanda, we do not propose to interfere at this stage. 12. Even otherwise, it is not within the domain of this Court to estimate the necessities of the public in such areas whether to install a post office or public office. Those institutions, at best, and in the normal course, be in the wisdom of the competent authorities and also in the interest of the public at large. We only wish the Postal Department would take appropriate decision with the best expedient. 13. With the above observation, the writ petition is closed, at the stage of admission. No costs. ___________________ JUSTICE D.S.R.VARMA ___________________ JUSTICE G.ROHINI 02nd May, 2008. IsL