S.Thirumalai v. The State Of Tamil Nadu
In the High Court of Judicature at Madras Dated : 13.12.2019 Coram :
The Honourable Mr.Justice T.S.SIVAGNANAM Writ Petition No.34549 of 2016 & WMP.Nos.29768 & 29769 of 2016 S.Thirumalai
...Petitioner
Vs 1.The State of Tamil Nadu, rep.by its Secretary to Government, Municipal Administration & Water Supply Department, Fort.St.George, Chennai-9.
2.The State of Tamil Nadu, rep.by its Secretary to Government, Rural Development & Panchayat Raj Department, Fort.St.George, Secretariat, Chennai-9.
3.The Commissioner of Municipal Administration, Government of Tamil Nadu, Ezhilagam, Chepauk, Chennai-9.
4.The Tamil Nadu State Election Commission, rep.by the Tamil Nadu State Election Commissioner, No.208/2, Jawaharlal Nehru Road, Opp. To CMBT, Arumbakkam, Chennai-106.
5.The District Collector, Tirupathur.
6.The Commissioner, Panchayat Union, Jolarpet, Vellore District.
7.The Thiriyalam Village Panchayat, Jolarpet Panchayat Union, Vellore.
(R7 was suo motu impleaded as per order dated 30.9.2016 by NKKJ)
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the Notification in G.O.Ms.No.125 Municipal Administration and Water Supply (Election) dated 16.9.2016 published in Tamil Nadu Government Gazettee Extra Ordinary dated 16.9.2016 in respect of Somanayakanpatti Village Panachayat coming within Jolarpet Panchayat limits, Vellore District, quash the same, de-reserve Somanayakanpatti Village Panchayat and notify the same as general ward for the ensuing panchayat and municipal elections. For Petitioner :Ms.AL.Gandhimathi For Respondents 1 to 3 :Mrs.A.Sri Jayanthi, SGP For Respondent-4 :Mr.B.Nedunchezhiyan
ORDER
The petitioner has filed this writ petition seeking to quash the Notification in G.O.Ms.No.125 Municipal Administration and Water Supply (Election) dated 16.9.2016 published in Tamil Nadu Government Gazettee Extra Ordinary dated 16.9.2016 in respect of Somanayakanpatti Village Panachayat coming within Jolarpet Panchayat limits, Vellore District and consequently de-reserve Somanayakanpatti Village Panchayat and notify the same as general ward for the ensuing panchayat and municipal elections.
2. Admittedly, the de-limitation exercise has commenced and the Hon'ble Supreme Court has also issued directions. Therefore, at this juncture, the question of entertaining a writ petition to quash the impugned Government Order would not arise.
3. Accordingly, the above writ petition is dismissed. No costs. Consequently, the connected WMPs are also dismissed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
To 1.The Secretary to Government Tamil Nadu, Municipal Administration & Water Supply Department, Fort.St.George, Chennai-9. 2.The Secretary to Government of Tamil Nadu, Rural Development & Panchayat Raj Department, Fort.St.George, Secretariat, Chennai-9.
3.The Commissioner of Municipal Administration, Government of Tamil Nadu, Ezhilagam, Chepauk, Chennai-9.
4.The Commissioner, Tamil Nadu State Election Commission, No.208/2, Jawaharlal Nehru Road, Opp. To CMBT, Arumbakkam, Chennai-106. 5.The District Collector, Tirupathur.
6.The Commissioner, Panchayat Union, Jolarpet, Vellore District. 7.The Thiriyalam Village Panchayat, Jolarpet Panchayat Union, Vellore.
+1cc to M/s.A.L.Ganthimathi, Advocate Sr.104407 +1cc to the Government pleader Sr.104553 WP.No.34549 of 2016 & WMP.
Nos.29768 & 29769 of 2016 vsn II[co] srg 30/01/2020