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Madras High CourtWP/30145/2025disposed of

G.Vijayakumar v. The State Of Tamilnadu

2025-08-13Honourable Mrs.Justice N. Mala7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-08-2025

CORAM

THE HONOURABLE MRS.JUSTICE N. MALA WP No. 30145 of 2025 and WMP No.33813 of 2025 G.Vijayakumar S/o. Gunasekaran.

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 its Director of Municipal Administration, No.3 MRC Nagar, Raja Annamalai Puram Chennai 600 028.

3.Mrs.Vijayalakshmi Municipal Administration Zonal Director Tirunelveli District 627 006.

4.Mr.Nagarajan, Municipality Commissioner, Sankaran Koil Municipality, Thenkasi District 627 811 Respondent(s)

PRAYER:Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus, directing the 1st and 2nd respondents to take action against Mr.Nagaraj Commissioner of Sankaran Kovil Municipality and Mrs.Vijayalakshmi, Zonal Director, Municipal Administration and conduct the fair election of Chairman Post with following legal procedure based on the petitioner's representation dated 18.07.2025 and considering the same within stipulated time.

For Petitioner(s):

Mr.Abdul Rahman For Respondent(s):

Mr.M.Suresh Kumar, Additional Advocate General, Assisted By Dr.T.Seenivasan, Special Government Pleader For R1 & R2

ORDER

This writ petition is filed for a Writ of Mandamus, directing the first and second respondents, to take action against Mr.Nagaraj, Commissioner of Sankaran Kovil Municipality and Mrs.Vijayalakshmi, Zonal Director, Municipal Administration and to further conduct a fair election to the Chairman's Post by following legal procedures based on the petitioner's representation dated 18.07.2025.

2.Mr.M.Suresh Kumar, learned Additional Advocate General, Assisted By Dr.T.Seenivasan, learned Special Government Pleader, takes notice for R1 & R2.

3.By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

4. The petitioner is a Municipal Counsellor in 17 th ward at Sankaran Kovil Municipality, Tenkasi District. Totally there are 30 ward members. According to the petitioner, one Uma Maheswari, was elected and declared as the Chairman of the Municipal Council. Since, Mr.Nagaraj misused his powers as Municipal Commissioner, he was transferred and a new Commissioner was appointed in his place on 12.07.2025, by the second respondent. The petitioner further states that the said Nagaraj, on 17.07.2025, despite his transfer misused his powers and lodged a complaint against the petitioner. According to the petitioner, the said Mr.Nagaraj and Mrs.Vijayalakshmi, in collusion were trying to conduct the election for the Chairman's Post. The petitioner therefore submitted a representation on 18.07.2025, seeking action against Mr.

Nagaraj, Commissioner of Sankaran Kovil Municipality and Mrs.Vijayalakshmi, Zonal Director, Municipal Administration, with further request to conduct a fair election to the post of Chairman. As the petitioner's representation was not considered, the petitioner filed the above writ petition.

5.The learned counsel for the petitioner submits that the election is scheduled to be held on 18.08.2025 and therefore, directions should be issued to the respondents to conduct the election fairly and by following legal procedures. The learned counsel further submitted that directions should also be issued to the second respondent, to take action against the said Mr.Nagaraj, Commissioner of Sankaran Kovil Municipality and Mrs.Vijayalakshmi, Zonal Director, Municipal Administration, by considering the petitioner's representation on merits and in accordance with law. 6.The learned Additional Advocate General, Assisted By the learned Special Government Pleader, appearing for R1 & R2 submitted that the election that is scheduled to be held on 18.08.2025 will be conducted fairly and by following the legal procedures.

7.Heard the learned counsel on either side and perused the materials available on record.

8.Admittedly, the election is scheduled to be held on 18.08.2025, and the learned Additional Advocate General, has assured that the election would be conducted fairly and in accordance with the legal procedures. Hence, the apprehension of the petitioner is allayed by the assurance of the learned Additional Advocate General.

9. As regards the other relief sought for by the petitioner, this Court directs the first and second respondents to consider the petitioner's representation dated 18.07.2025, and pass appropriate orders on merits and in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order.

10. With the aforesaid directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is also closed. 13-08-2025 sli Index:Yes/No Speaking/Non-speaking order Internet:Yes

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 its Director of Municipal Administration, No.3 MRC Nagar, Raja Annamalai Puram Chennai 600 028.

3.Mrs.Vijayalakshmi Municipal Administration Zonal Director, Tirunelveli District 627 006.

4.Mr.Nagarajan, Municipality Commissioner, Sankaran Koil Municipality, Thenkasi District 627 811

N.MALA J.

sli and WMP No.33813 of 2025 13-08-2025