Bhuvaneshwaran v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-04-2025
CORAM
THE HONOURABLE MR JUSTICE J.SATHYA NARAYANA PRASAD Bhuvaneshwaran 5/286, Paalmedu, Marappalam, Pulliyampaarai Post Office, Gudalur, Nilgiris District.
Petitioner(s) Vs
1. The State of Tamil Nadu Rep. By Its Secretary To Government, Department Of Municipal Administration and Water Supply, Fort St. George, Chennai-600 009.
2.The Directorate of Municipal Administration, Rep. By The Director of Municipal Administration, No.3, MRC Nagar, Raja Annamalai Puram, Chennai-600 028.
3.The Commissioner 1/8
Nelliyalam Municipality, Nelliyalam Municipality Office, Pandalur-643 233.
Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 3rd respondent to consider the petitioner's representation dated 28.01.2025 and take appropriate action in accordance with Section 51 of the Tamil Nadu Urban Local Bodies Act, 1998 and comply with the time frames fixed therein. For Petitioner(s):
Mr.Meiyappan Mohan For Respondent(s):
Dr.T.Seenivasan Special Government Pleader For R1 to R3
ORDER
The present Writ Petition is filed for issuance of a Writ of Mandamus to direct the 3rd respondent to consider the petitioner's representation dated 28.01.2025 and take appropriate action in accordance with Section 51 of the Tamil Nadu Urban Local Bodies Act, 1998 and comply with the time frames fixed therein.
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2. Dr.T.Seenivasan, learned Special Government Pleader takes notice on behalf of the respondents. By consent of the parties, the main Writ Petition is taken up for disposal at the time of admission stage.
3. The case of the petitioner is that, he is an elected counsellor of Ward 14 in the Nelliayalam Municipality in the local body elections held in 2022 and he has been duly carrying on his duties promptly and in accordance with law. The Council elected one Mrs.Sivakami, as the Chairperson of the Municipality and one Mr.Nagarajan was elected as the Deputy Chairperson of the Nelliayalam Municipality. There were many complaints and issued raised by the contractors and others working for the Nelliayalam Municipality and the members of the public stating that the said Chairperson and Deputy Chairperson are demanding bribes for issuing works orders in their favour and further the Chairperson and Deputy Chairperson are not utilising the public funds for public purposes and the said funds are using for their self-interests only. The Chairperson and Deputy Chairperson were also caught demanding and collecting bribes from the contractors who work in the Municipality by the Vigilance and Anti-Corruption 3/8
Department during a raid held on 25.10.2025. Pursuant to which, FIR was registered against them and a sum of Rs.3,37,500/- was also recovered from the office of the Chairperson of the Municipality, which is alleged to be the bribe amount paid by the contractors. Therefore, the petitioner and 13 other ward members gave a written notice dated 30.09.2024 of intention to make a motion of no-confidence against the Chairperson and the Deputy Chairperson along with the copy of the motion proposed to be made to the 3 rd respondentCommissioner of Municipality, which was hand-delivered by the petitioner along with the other members as per the requirements of the Tamil Nadu Urban Local Bodies Act, 1998.
The 3 rd respondent ought to have convened a meeting for consideration of the motion within 30 days from the date on which the notice was delivered. However, the 3 rd respondent has not called for any such meeting and has not taken any action at all. Aggrieved by the same, the petitioner along with other ward members gave a representation on 28.01.
Chairperson. Till date, the said representation was not considered by the 3 rd respondent, and hence, the petitioner had filed the present Writ Petition.
4. The learned counsel for the petitioner submitted that, it would be rd respondent to consider the suffice, if this Court issues a direction to the 3 petitioner's representations dated 28.01.2025 and pass orders on the same within a particular time frame fixed by this Court.
5. Dr.T.Seenivasan, learned Special Government Pleader appearing for the respondents submitted that the petitioner's representations dated 28.01.2025 would be considered by the respondents and orders passed within the stipulated time that may be fixed by this Court.
6. In view of the submission made by the learned counsel on either side and without going to the merits of the representation, and taking note of the limited relief now sought for in this Writ Petition, there shall be a direction to the third respondent to consider the petitioner's representations dated 5/8
28.01.2025, by conducting a detail enquiry, after giving due notice to the petitioner, opportunity of personal hearing to the petitioner, consider the documents submitted by the petitioner and pass appropriate orders on its own merits and in accordance with law as per Section 51 of the Tamil Nadu Urban Local Bodies Act, 1998, within a period of eight (8) weeks from the date of receipt of a copy of this order.
7. With the above observations and directions, this Writ Petition is disposed of. No costs.
01-04-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes jd 6/8
To
1. The State of Tamil Nadu Rep. By Its Secretary To Government, Department Of Municipal Administration and Water Supply, Fort St. George, Chennai-600 009.
2.The Directorate of Municipal Administration, Rep. By The Director of Municipal Administration, No.3, MRC Nagar, Raja Annamalai Puram, Chennai-600 028.
3.The Commissioner Nelliyalam Municipality, Nelliyalam Municipality Office, Pandalur-643 233.
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J.SATHYA NARAYANA PRASAD J.
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