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Madras High CourtWP/34504/2022disposed of

M.C.Gnanasekaran v. The Director Of Municipal Administration

2022-12-23Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.12.2022

CORAM

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR and W.M.P.No.33955 of 2022 M.C.Gnanasekaran ...

Petitioner -vs1.The Director of Municipal Administration, 75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.

2.The Regional Director of Municipal Administration, Municipal Administration, Kumaran Shopping Complex, Kumaran Road, Tiruppur - 641 604.

3.The Commissioner, Gudalur Municipality, Gudalur, The Nilgiris - 643 211.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 21.11.2022, in the light of the Order dated 17.10.2022, vide 1/4

120/Na/2022, passed by the Hon'ble Tamil Nadu Local Bodies Ombudsman, Chennai and consequently, direct the respondents to cancel the illegal contractor registrations certificate obtained illegally by the wrong doers namely Thiru.Naseeruddin, Thiru.Shuhaibabu and Thiru.Abudhahir, within a time frame. For Petitioner :

Mr.Meiyappan Mohan For Respondents :

Mr.N.Naveen Kumar Government Advocate

O R D E R

The Writ Petition has been filed for directing the respondents to consider the petitioner's representation dated 21.11.2022, in the light of the Order dated 17.10.2022, vide 120/Na/2022, passed by the Tamil Nadu Local Bodies Ombudsman, Chennai.

2. The case of the petitioner is that when a complaint was given with Ombudsmen, the Ombudsmen has found serious irregularities committed by the Commissioner. Despite findings have been recorded, no action has been taken against the then Municipal Commissioner. The petitioner has given a representation in this regard, which is also not been considered. Therefore, he seeks direction to the 2nd respondent to consider his representation dated 21.11.2022. 2/4

3. Mr.N.Naveen kumar, learned Government Advocate takes notice for the respondents.

4. From the findings recorded by Ombudsmen, certain findings recorded indicate the irregularities in registration of contractors. The 2nd respondent shall look into the petitioner's representation and pass orders on merits, taking into consideration the findings of Ombudsmen. Such order shall be passed within a period of 3 months.

5. Accordingly, this Writ Petition is disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs. 23.12.2022 gd Index: Yes 3/4

N. SATHISH KUMAR, J.

gd To 1.The Director of Municipal Administration, 75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.

2.The Regional Director of Municipal Administration, Municipal Administration, Kumaran Shopping Complex, Kumaran Road, Tiruppur - 641 604.

3.The Commissioner, Gudalur Municipality, Gudalur, The Nilgiris - 643 211.

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