V.Palanivelu v. The Tamil Nadu Local Bodies Ombudsman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU V.Palanivelu ... Petitioner -vs1. The Tamil Nadu Local Bodies Ombudsman No.100, Anna Salai Guindy, Chennai - 600 032.

2. The Commissioner of Municipal Administration No.75, Urban Administrative Building MRC Nagar, Santhome High Road Raja Annamalaipuram Chennai - 600028.

3. The Commissioner Mayiladuthurai Municipality Pattamangala Street Mayiladuthurai - 609001.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First Respondent to dispose of the complaints of the Petitioner dated 03.08.2023, 30.09.2023 and 16.10.2023 as early as possible on merits and in accordance with law within a time frame to be fixed by this Court.

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For Petitioner :

Mr. C.Munusamy For Respondents :

Mr. B.Neduchezhian (R1) Mr. V.Ravi (R2) Mr. P.Srinivas (R3)

O R D E R

Heard Mr. C.Munusamy, Learned Counsel for the Petitioner and Mr. B.Nedunchezhian, Learned Counsel appearing for the First Respondent, Mr. V.Ravi, Learned Special Government Pleader appearing for the Second Respondent and Mr. P.Srinivas, Learned Counsel takes notice for the Third Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

The grievance ventilated by the Petitioner is that his complaints dated 03.08.2023, 30.09.2023 and 16.10.2023 made under the Tamil Nadu Local Bodies Ombudsman Act, 2014, before the First Respondent have not been taken up for hearing, which has necessitated the filing of this Writ Petition. 3.

In furtherance to the order passed on 08.01.2024 by this Court, the Secretary of the First Respondent has filed Counter-Affidavit dated 14.02.2024 explaining that written-statement of defence/report with relevant documents 2/5

have been called from the Commissioner, Mayiladuthurai Municipality by Proceedings dated 11.01.2024 under the Tamil Nadu Local Bodies Ombudsman (Manner of Filing, Inquiry and Disposal of Complaints) Rules, 2015, which is awaited. It is further informed that the office of Ombudsman is vacant from 08.01.2024, and as and when the appointment to that post is made, the complaints made by the Petitioner would be taken up for hearing. 4.

In view of the said action taken, nothing remains for further consideration, but it would not preclude the Petitioner, if he still has any further grievance, from working out his remedies before the proper forum in the manner recognized by law.

In the result, the Writ Petition disposed with the aforesaid observations. No costs.

20.02.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 05.06.2024.

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To

1. The Tamil Nadu Local Bodies Ombudsman No.100, Anna Salai Guindy, Chennai - 600 032.

2. The Commissioner of Municipal Administration No.75, Urban Administrative Building MRC Nagar, Santhome High Road Raja Annamalaipuram Chennai - 600028.

3. The Commissioner Mayiladuthurai Municipality Pattamangala Street Mayiladuthurai - 609001.

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P.D. AUDIKESAVALU, J.

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