S.Gunasekaran Ex(Mla) (Tirupur South) v. The Additional Chief Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.11.2022 CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Gunasekaran ..
Petitioner v.
1. The Additional Chief Secretary to Government State of Tamil Nadu Municipal Administration and Water Supply Department Fort St.George Chennai 600 009
2. The District Collector District Collectorate Tirupur District 641 604
3. The Commissioner Tirupur City Municipal Corporation Tirupur 641 604 ..
Respondents Petition under Article 226 of the Constitution of India praying for
issuance of a Writ of Mandamus, directing the respondents to consider the representation of the petitioner dated 30.08.2022 for renaming the Tirupur Old Bus Stand as "Freedom Fighter Kodi Katha Kumaran" Bus Terminus. For Petitioner ::
Mr.D.Selvam for Mr.E.Balamurugan For Respondents ::
Mr.R.Shunmugasundaram Advocate General assisted by Mr.P.Muthukumar State Government Pleader for R1 & R2 Mr.J.Ravindran Additional Advocate General assisted by Ms.P.Shanthi for R3
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) Mr.S.Gunasekaran has filed this writ petition under Article 226 of the Constitution of India, praying for issuance of a mandamus to direct the respondents to consider his representation dated 30.08.2022, in and by which he has requested to rename the old bus stand at Tirupur as the "Freedom Fighter Kodi Katha Kumaran" bus terminus.
2. Mr.D.Selvam, learned counsel appearing for the petitioner submitted that the petitioner being the former Member of the Tamil Nadu Legislative Assembly elected in the 15th Tamil Nadu Assembly Elections from the Tirupur South Constituency for the period 2016-2021 representing the All India Anna Dravida Munnetra Kazhagam and he is presently the Tirupur Urban District MGR Youth Wing Secretary. When Kodi Katha Kumaran alias OKSR Kumaraswamy Mudaliar was born on 4th October, 1904 in a middle class family in Chennimalai, now Erode in Tamil Nadu, inspired by Mahatma Gandhiji's values and objectives, he participated in the freedom movement dedicating himself for the freedom of the nation. Finally he also laid down his life for the cause of freedom.
Therefore, a representation was given stating that the Tirupur District Town Bus Stand established in the year 1982 should be named after Freedom Fighter Kodi Katha Kumaran bus terminus. In the meanwhile, an urgent meeting was convened by the Tirupur City Municipal Corporation Council for renaming the old bus stand as "Muthamizh Arignar Dr.Kalaignar Karunanidhi Central Bus Terminus" by adding the said subject as item no.
the same was also placed before the Corporation Council on 30.05.2022 and thereafter, it was sent to the Government for approval. The first respondent also in his proceedings dated 24.08.2022 has granted permission to pass a resolution by the Tirupur City Municipal Corporation. Based on the above, the Council also has passed another resolution on 29.08.2022 to rename the old bus stand at Tirupur as "Muthamizh Arignar Dr.Kalaignar Karunanidhi Central Bus Terminus". But the petitioner's representation has not been considered. Therefore, a direction is sought as prayed for, it is pleaded.
3. Mr.R.Shunmugasundaram, learned Advocate General appearing for the respondents 1 & 2, opposing the prayer made by the petitioner and drawing our notice to the resolution, submitted that when a letter was received from the Mayor of Tirupur City Municipal Corporation on 26.05.2022 to rename the old bus stand as "Muthamizh Arignar Dr.Kalaignar Karunanidhi Central Bus Terminus", the same was placed before the Corporation Council meeting on 30.05.2022 and based on the majority opinion, it was sent to the Government for approval and the
Government also, accepting both the letter and the majority opinion, by the proceedings dated 24.08.2022, has granted permission to pass a resolution by the Tirupur City Municipal Corporation. Based on the same, the elected Council has passed a detailed resolution on 29.08.2022 to rename the Tirupur old bus stand as "Muthamizh Arignar Dr.Kalaignar Karunanidhi Central Bus Terminus". Therefore, when the old bus stand at Tirupur has been named after "Muthamizh Arignar Dr.Kalaignar Karunanidhi Central Bus Terminus", the representation given by the petitioner on 30.08.2022 to rename the aforementioned bus stand is untenable.
4. We also do not find any merit in the writ petition. The reason is very clear. When a letter was sent by the Mayor on 26.05.2022 requesting to rename the old bus stand at Tirupur as "Muthamizh Arignar Dr.Kalaignar Karunanidhi Central Bus Terminus", the same was rightly placed before the Tirupur City Municipal Corporation Council on 30.05.2022 and based on the majority opinion, the first respondent also in his proceedings dated 24.08.2022 has granted permission to pass a resolution by the Tirupur City
Municipal Corporation and accordingly, a resolution has also been passed by the Corporation Council on 29.08.2022 to rename the old bus stand at Tirupur as "Muthamizh Arignar Dr.Kalaignar Karunanidhi Central Bus Terminus". Hence, the claim of the petitioner for a direction to the respondents to consider his representation dated 30.08.2022 to rename the old bus stand at Tirupur, without questioning the resolution, is unjustified. Therefore, finding no merits, the writ petition is dismissed. Consequently, W.M.P.No.28497 of 2022 is also dismissed. However, there is no order as to costs.
Speaking/Non speaking order (T.R.,A.C.J.) (D.B.C.,J.) Index : yes/no 10.11.2022 ss To
1. The Additional Chief Secretary to Government of Tamil Nadu Municipal Administration and Water Supply Department Fort St.George Chennai 600 009
2. The District Collector
District Collectorate Tirupur District 641 604
3. The Commissioner Tirupur City Municipal Corporation Tirupur 641 604
THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.
ss 10.11.2022