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Madras High CourtWP/34333/2019disposed of

M.Sugumar, v. The Government Of Tamil Nadu,

2019-12-20Honourable Mr Justice P.D.Audikesavalu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2019

CORAM

THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.34333 of 2019 and W.M.P.No.35000 of 2019 M.Sugumar ... Petitioner

Versus

1. The Government of Tamil Nadu, represented by its Secretary, Department of Local Administration & Rural Development, Fort St.George, Chennai - 600 009.

2. The Tamil Nadu State Election Commission, represented by its Commissioner, Jawaharlal Nehru Road, Koyambedu, Chennai.

3. The Director, The Directorate of Rural Development and Panchayat Raj Department, Panchayat Raj Department, Panagal Building, Saidapet, Chennai - 600 015.

4. The District Collector, Thiruvannamalai District, Thiruvannamalai.

5. The Block Development Officer/Commissioner, Thellar Panchayat Union, Thellar, Thiruvannamalai District.

... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Declaration, declaring that the action of the respondents classifying the President post for the Arungunam Village Panchayat as General Category for the third time continuously instead of reclassifying the same as a reserved seat for Scheduled Caste as per the rules for rotation is illegal and consequently direct the respondents to

reserve the post for Scheduled Caste while conducting the forthcoming Panchayat Elections.

For Petitioner :: M/s.K.C.Karl Marx For R1, R3 to R5:: M/s.Vijayanarayanan, Advocate General Assisted by M/s.V.Jayaprakash Narayanan, Government Pleader For R2 :: M/s.AR.L.Sundaresan, Senior Counsel Assisted by M/s.B.Nedunchezhiyan, Standing Counsel ********

ORDER

This Writ Petition has been filed to declare the action of the respondents classifying the President post for the Arungunam Village Panchayat as General Category for the third time continuously instead of reclassifying the same as a reserved seat for Scheduled Caste as per the rules for rotation is illegal and consequently direct the respondents to reserve the post for Scheduled Caste while conducting the forthcoming Panchayat Elections.

2. In furtherance to the order dated 17.12.2019 passed by this Court, the First Respondent has issued a letter dated 19.12.2019 to the petitioner disposing his representation dated 18.11.2019 and a copy of the same has been produced. Learned counsel for the Petitioner has acknowledged its receipt. Nothing remains for further consideration in this Writ Petition.

3. Recording the aforesaid subsequent events, the Writ Petition stands disposed. If the Petitioner is still aggrieved, it is open to him to work out his remedy before the proper forum for necessary relief in the manner recognized by law. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar vv2

To

1. The Secretary, Department of Local Administration & Rural Development, Fort St.George, Chennai - 600 009.

2. The Commissioner, Tamil Nadu State Election Commission, Jawaharlal Nehru Road, Koyambedu, Chennai.

3. The Director, The Directorate of Rural Development and Panchayat Raj Department, Panchayat Raj Department, Panagal Building, Saidapet, Chennai - 600 015.

4. The District Collector, Thiruvannamalai District, Thiruvannamalai.

5. The Block Development Officer/Commissioner, Thellar Panchayat Union, Thellar, Thiruvannamalai District.

+1cc to the Government Pleader, S.R.No.106687 W.P.No.34333 of 2019 and W.M.P.No.35000 of 2019 LN(CO) CS/24/01/2020