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Madras High CourtWP/3114/2024dismissed

C.Jaya Pradeep v. The District Collector

2024-02-09Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.02.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA C.Jaya Pradeep ...

Petitioner versus 1.The District Collector, Collectorate, GST Road, Chengalpattu - 603 001.

2.The Mayor, Tambaram Tambaram City Municipal Corporation, 28, Muthuranga Mudali Street, Tambaram West, Chennai - 600 045.

3.The Commissioner, Tambaram City Municipal Corporation, 28, Muthuranga Mudali Street, Tambaram West, Chennai - 600 045.

...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the respondents against the impending Motion of No Confidence scheduled against the petitioner (Chairman Zone-3, Sembakkam). This restraint sought until an order is pronounced by this esteemed High Court of Madras pertaining to the potential removal from the position of Chairman, or any other orders or 1/4

directives that this Court deems fitting and proper under the extant facts and circumstances of the present case and thus ensuring the equitable administration of Justice.

For Petitioner :

M/s.Preethi Basker For Respondents :

Mr.P.Ganesan Additional Government Pleader

O R D E R

By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2.

The petitioner, who claims to be the Chairman for Zone-3, Sembakkam, Tambaram Corporation has stated that some of the Ward Counsellors are acting against him and they are making hectic attempts to convene a Counsellor Meeting and pass a No Confidence Motion against him.

3.

M/s.Preethi Basker, learned counsel for the petitioner submitted that the petitioner is an elected Chairman for Zone-3, Sembakkam and there is no serious allegations against the petitioner. Some of the Counsellors, who are acting against the interest of the public are making attempts to stop the good work done by the petitioner by way of passing a No Confidence Motion.

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4.

Mr.P.Ganesan, learned Additional Government Pleader takes notice for the respondents 1 to 3 and submits that the petition itself is a prematured one, as the petitioner has not challenged any order. 5.

The petitioner's prayer is to stop someone from conducting a meeting. No resolution of the meeting or any consequential orders passed in pursuant to the meeting are available for challenge. The petitioner has filed this Writ Petition by assuming that No Confidence Motion would be passed against him and thereafter he might be removed from his Chairmanship. Hence, the petitioner has approached this Court in a prematured manner. Hence, this Writ Petition is dismissed as not maintainable. No costs. Consequently, connected Miscellaneous Petition is closed. 09.02.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri 3/4

R.N.MANJULA , J.

sri To 1.The District Collector, Collectorate, GST Road, Chengalpattu - 603 001.

2.The Mayor, Tambaram Tambaram City Municipal Corporation, 28, Muthuranga Mudali Street, Tambaram West, Chennai - 600 045.

3.The Commissioner, Tambaram City Municipal Corporation, 28, Muthuranga Mudali Street, Tambaram West, Chennai - 600 045.

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