Annamalai v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.03.2025 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.5336 of 2025 and W.M.P.Nos.5913 & 6105 of 2025 1.V.Annamalai 2.R.Tamilselvan 3.Saritha 4.T.Mala Thiruvengadam 5.Hajirabee 6.Poonguzhali 7.Kalpana 8.Jabiullah 9.Tamilselvi ... Petitioners Vs.
1.The District Collector, 2.The Assistant Director, Department of Town Panchayat, Collectorate, Dharmapuri.
3.The Executive Officer, 4.The President, Page No.1 of 7
5.The Vice President, ... Respondents Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the respondents 1, 2 to conduct an No confidence Motion and to appoint an special officer to the administration of the Papparapatti Town Panchayat, based on the letter dated 17.01.2025.
For Petitioner :
Mr.Sc.Vishwanth For Respondents 1 & 2 :
Mr.N.Naveen Kumar, Government Advocate For Respondents 3 to 5 :
Mr.Stalin Abimanyu, Additional Government Pleader
O R D E R
This writ petition has been filed by the petitioner to direct the respondents 1, 2 to conduct a No confidence Motion and to appoint a special officer to the administration of the Papparapatti Town Panchayat, based on the letter dated 17.01.2025.
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2. The case of the petitioners is that the petitioners were elected members and councilors of various wards under Papparapatti Town Panchayat. They allege that the President, Vice President, and Executive Officer have colluded and indulged in corrupt practices and actions detrimental to public interest. Aggrieved by such conduct, nine councilors submitted a letter dated 17.01.2025, seeking a No Confidence Motion against the President and requested the appointment of a Special Officer to manage the administration of Papparapatti Town Panchayat. However, the same was not considered till date. Hence, the petitioners have come forward with the present writ petition.
3. Learned Government Advocate appearing for the respondents 1 & 2 has filed a status report on March 2025 and submitted that as per Section 51(2) of the Tamil Nadu Urban Local Bodies Act, 1998, the competent authority to consider the case of the petitioners is the Commissioner. But, the petitioners have given the representation/application to the first respondent on 17.01.2025.
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4. Learned counsel for the petitioners would submit that the third respondent/Executive Officer has sent the details to the fourth petitioner by explaining the rules and attaching the Model Form to move "No Confidence Motion". On receipt of the same, the petitioners have submitted the application on 19.02.2025 for "No Confidence Motion", before the third respondent.
5. Heard the learned counsel on either side and perused the materials available on record.
6. In view of the submission made by the learned counsel on either side, this Court directs the third respondent to consider the petitioners representation/application dated 19.02.2025 in accordance with the relevant rules and applicable laws and if the petition is in order, within a period of four weeks from the date of receipt of a copy of this order.
7. This writ petition is disposed of with the aforesaid observation and Page No.4 of 7
direction. No costs. Consequently, connected miscellaneous petitions are closed.
18.03.2025 (vm) Index :
Yes/No Speaking Order :
Yes/No :
Yes/No To:
1.The District Collector, 2.The Assistant Director, Department of Town Panchayat, Collectorate, Dharmapuri.
3.The Executive Officer, 4.The President, Page No.5 of 7
5.The Vice President, J.SATHYA NARAYANA PRASAD,J.
vm Page No.6 of 7
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