Madras High CourtWP/11579/2017disposed of

S.Annamalai v. The Principal Secretary

2017-05-05Honourable Mr Justice N. Kirubakaran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.05.2017

CORAM

THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN W.P. No. 11579 of 2017 and W.M.P.Nos.12587 to 12589 of 2017 S.Annamalai ..Petitioner Vs.

1. The Principal Secretary, Department of Rural Development and Panchayat Raj, Secretariat, Chennai - 600 009.

2. The Director, Directorate of Rural Development and Panchayat, Panagal Building, Saidapet, Chennai.

3. The State Election Commissioner, State Election Commission of Tamilnadu, No.6, Revathy Street, Jawharlal Nehru Road, Koyambedu, Chennai - 106.

4 The District Collector Office of the District Collector Villupuram District ..Respondents Prayer:

Petition under Article 226 of the Constitution of India praying for issue of a Writ of Certiorarified Mandams calling for the records from the first respondent pertaining to G.O.Ms.No.104, Rural Development and Panchayat Raj (PR-1) Department, dated 16.09.2016 in respect of Cholampattu Village panchayat President post which is reserved for General Women, in Sankarapuram Panchayat Union, Villupuram District concerned, quash the same and consequently direct the first respondent, to reserve the Cholampattu Village Panchayat President post for Scheduled Caste (General), which is situated in Sankarapuram Panchayat Union, Villupuram District.

For Petitioner :: Mr.P.Saravanan For Respondents :: Mr.P.V.Selvakumar Addl. Government Pleader

O R D E R

The petitioner seeks to re-locate Cholampattu Village Panchayat for Scheduled Caste candidate (General) for another ten years. According to petitioner, a non-dalit claiming to be a dalit was elected as Panchayat President. In view of that, the petitioner seeks to declare Cholampattu Village for Scheduled Caste candidate. In this regard, the petitioner has already approached the third respondent-State Election Commission. The third respondent-State Election Commission, by virtue of the communication dated 23.03.2017, informed the petitioner that the plea of the petitioner has been forwarded to the first respondent who is vested with the powers with regard to reservation and de-reservation of the local bodies.

2. In view of the communication issued by the third respondent-State Election Commission on 23.03.2017 to the first respondent, the first respondent is directed to consider the petitioner's claim within a period of four weeks from the date of receipt of a copy of this order on its own merits and as per law.

3. The writ petition, accordingly, stands disposed of. No costs. Consequently, W.M.P.Nos.12587 to 12589 of 2017 are closed.

bbr/pvs To

1. The Principal Secretary, Department of Rural Development and Panchayat Raj, Secretariat, Chennai - 600 009.

2. The Director, Directorate of Rural Development and Panchayat, Panagal Building, Saidapet, Chennai.

3. The State Election Commissioner, State Election Commission of Tamilnadu, No.6, Revathy Street, Jawharlal Nehru Road, Koyambedu, Chennai - 106.

4 The District Collector Office of the District Collector Villupuram District +1 cc to Mr. Saravanan, Advocate Sr.No.36928 +1cc to Govt., Pleader, Sr.No.36909 W.P. No.11579 of 2017 MD: 17/05/2017