E.Kannan v. The Principal Secretary To Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2021 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.25210 of 2021 E.Kannan

...Petitioner

vs 1.The Principal Secretary to Government of Tamil Nadu, Municipal Administration and Water Supply Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The Tamil Nadu State Election Commission, Rep. by Tamil Nadu State Election Commissioner, No. 208/2, Jawaharlal Nehru Road, Opp. to CMBT, Arumbakkam, Chennai - 600 106.

3.The Director of Town Panchayats, 7 & 8th Floor, No. 75, Santhome High Road, Raja Annamalaipuram, Chennai - 600 028.

4.The District Collector, Thiruvallur District, Thiruvallur - 602 001.

5.The Executive Officer, Gummudipoondi Town Panchayat, Gummudipoondi - 601 201.

...Respondents

Prayer : Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned Government order published in the Gazette Extraordinary No. 226 dated 24.05.2019 on the file of the 3rd respondent and quash the same in respect of women reservation of Gummudipoondi Town Panchayat ward

members post and consequently direct the respondents to declare the 13th ward member is general ward member post on the rotation basis which is 4th ward member post before delimitation the wards and thereafter conducting the local body Election to the Gummudipoondi Town Panchayat as per petitioner's representation dated 18.10.2019.

For the Petitioner :

Mr.S.Ayyathurai For the Respondents 1, 3 to 5 :

Mrs.R.Anitha, Special Government Pleader For the Respondent 2 :

Mr.S.Sivashanmugam

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) Learned counsel for the petitioner prays for withdrawal of the writ petition with liberty to file a fresh writ petition to challenge the constitutional validity of the amendment to bring reservation to the women to the extent of 50%.

2. In view of the above, the writ petition is dismissed as withdrawn with liberty as prayed for. Consequently, W.M.P.Nos.26584 and 26585 of 2021 are closed. There will be no order as to costs.

Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar vjt To:

1.The Principal Secretary to Government of Tamil Nadu, Municipal Administration and Water Supply Department, Secretariat, Fort St. George, Chennai - 600 009.

2.The Tamil Nadu State Election Commissioner, Tamil Nadu State Election Commission, No. 208/2, Jawaharlal Nehru Road, Opp. to CMBT, Arumbakkam, Chennai - 600 106.

3.The Director of Town Panchayats, 7 & 8th Floor, No.75, Santhome High Road, Raja Annamalaipuram, Chennai - 600 028.

4.The District Collector, Thiruvallur District, Thiruvallur - 602 001.

5.The Executive Officer, Gummudipoondi Town Panchayat, Gummudipoondi - 601 201.

W.P.No.25210 of 2021 AD(CO) RVM(28/12/2021)