P.Nagaraj v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.06.2025
CORAM
THE HONOURABLE MRS JUSTICE N. MALA P.Nagaraj
...Petitioner
Vs.
1.The State of Tamil Nadu, Rep. by its Secretary to Government, Department of Municipal Administration and Water Supply, Fort. St.George, Chennai.
2.The Director of Municipal Administration, No.3, MRC Nagar, Raja Annamalaipuram, Chennai.
3.The District Collector, The Nilgiris District.
The Nilgiris.
4.The Commissioner, Nelliyalam Municipal Office, Pandalur, Nilgiris District.
5.Bhuvaneshwaran.
..Respondents Prayer : Writ Petition is filed under Article 226 of Constitution of India for issuance of writ of Mandamus, directing the respondents No.1 to 4 to take appropriate action against the 5th respondent by considering the petitioner's representation dated 05.05.2025, within the time limit stipulated by this Court. For Petitioner : Mr.Abdul Rahman 1/6
For Respondents : Dr.T.Seenivasan for R1, R2 and R4 Special Government Pleader Mrs.C.Meera Arumugam for R3 Additional Government Pleader
ORDER
This petition has been filed to direct the respondents No.1 to 4, to take appropriate action against the 5th respondent by considering the petitioner's representation dated 05.05.2025.
2. Dr.T.Seenivasan, learned Special Government Pleader takes notice for R1, R2 and R4 and Mrs.C.Meera Arumugam, learned Additional Government Pleader takes notices for R3.
3. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself. As no adverse orders are passed against the 5th respondent, the writ petition is disposed without notice to him.
4. The petitioner is holding the post of Vice Chairman of Nelliyalam Municipality, and he belongs to Dravida Munnetra Kazhagam (DMK) party. One Mrs.Sivakami was selected as a Chairperson of the said municipality. The petitioner and the Chair person introduced various schemes for the welfare of the people under their leadership and the Municipality was functioning smoothly without any complaint. While so, the 5th respondent started creating many obstacles by filing various complaints before different forums, with a 2/6
malafide intention of derailing the good work of the petitioner and the Chairperson. The petitioner therefore submitted a representation to the respondents 1 to 4, to take appropriate action against the 5th respondent on 05.05.2025, but no action was taken by the respondents. Aggrieved by the inaction of the respondents, the petitioner filed the aforesaid writ petition.
5. Learned counsel for the petitioner submits that the petitioner's representation dated 05.05.2025, is kept pending without any action being initiated by the authorities till date. The counsel therefore submitted that it would suffice if this Court directs the respondents 1 to 4, to consider the petitioners' representation dated 05.05.2025, and pass orders within a stipulated time.
6. Learned Special Government Pleader appearing for the respondents No. 1, 2 and 4 submits that, earlier this Court in W.P.No.11504 of 2025 vide order dated 01.04.2025, directed the 3rd respondent therein, to conduct a detailed enquiry on the representation of the petitioner dated 28.01.2025 and to take appropriate action as per Section 51 of the Tamil Nadu Urban and Local Bodies Act, 1998. The counsel submitted that the enquiry as directed by this Court, which has not yet commenced, will be initiated shortly.
7. In view of the above submissions of the learned Special Government 3/6
Pleader, the respondents 1 to 4 are directed to comply with the order dated 01.04.2025 of this Court in WP.No.11504 of 2025, by affording an opportunity of hearing to the petitioner herein, on the basis of his representation dated 05.05.2025, in the enquiry to be conducted against the 5th respondent, and thereafter pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. It is needless to state that the respondents 1 to 4 shall scrupulously follow the principles of natural justice in the conduct of the enquiry against the 5th respondent.
8. With the aforesaid direction, this writ petition is disposed of. No costs.
23.06.2025 Index :Yes/No Internet :Yes/No msv To 1.The Secretary to Government, Department of Municipal Administration and Water Supply, Fort. St.George, Chennai.
2.The Director of Municipal Administration, No.3, MRC Nagar, Raja Annamalaipuram, Chennai.
3.The District Collector, The Nilgiris District.
The Nilgiris.
4/6
4.The Commissioner, Nelliyalam Municipal Office, Pandalur, Nilgiris District.
5/6
N. MALA, J.
msv 23.06.2025 6/6