Bahrudeen Meerasahib v. The Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE Bahurudeen Meerasahib ... Petitioner vs.
1.The Director, Directorate of Municipal Administration, 75, Urban Administrative Building, Santhom High Road, MRC Nagar, Raja Annamalaipuram, Chennai.
2.The District Collector, 3.The Commissioner, Adiramapattinam Municipality, 4.The Adiramapattinam Educational Trust, Represented by its Secretary, M.S.Tajudeen, Pattukottai Road, Adiramapattinam, Thanjavur.
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5.The Iman Shafi (RAH) Matric Higher Secondary School, Represented by its Correspondent, M.S.Tajudeen, Pattukottai Road, Adiramapattinam, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the third respondent to initiate appropriate action against the fifth respondent and recover the property situated in S.No.313/2, measuring 52 cents, Pillaiyar Kovil Street, Adiramapattinam Town, Pattukottai Taluk, Thanjavur District based on the order passed by this Court in S.A(MD)No.559 of 2019 dated 26.11.2019 and reminder of petitioner dated 17.01.2025 within a time frame fixed by this Court. For Petitioner : Mr.K.K.Udayakumar For RR 1 & 2 : Mr.P.Thilak Kumar Government Pleader For R - 3 : Mr.A.Rahul For R - 4 : No appearance For R - 5 : Mr.V.Shathurthi Raja 2/6
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Writ of Mandamus has been instituted to direct the respondents to initiate appropriate action against the fifth respondent and recover the property situated in S.No.313/2, measuring 52 cents, Pillaiyar Kovil Street, Adiramapattinam Town, Pattukottai Taluk, Thanjavur District based on the order passed by this Court in S.A(MD)No.559 of 2019 dated 26.11.2019 and reminder sent by the petitioner, dated 17.01.2025.
2.Admittedly, a dispute exists between the Adiramapattinam Municipality and the fifth respondent and the petitioner, being an elected councilor, has filed the present Public Interest Litigation seeking a direction. When a contractual obligation exists between the respondents 3 and 5, the petitioner has no locus to question the same. 3.The learned counsel appearing for the petitioner would submit that the fifth respondent had already given an undertaking before this Court in W.A(MD)No.362 of 2021, dated 21.11.2023.
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4.In view of the above, the Municipality is required to initiate action as per the directions issued by this Court in the Writ Appeal order as stated above. However, the petitioner, being a Councilor, cannot file the present Writ Petition seeking such relief. It is the duty of the Commissioner of the Municipality, under the Act, to protect the interests of the Municipality in all respects. The Municipality is bound to take enforcement action based on the Court orders. 4.With these observations, this Writ Petition stands disposed of. There shall be no order as to costs.
[S.M.S.,J.] & [A.D.M.C.,J.] 03.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6
To 1.The Director, Directorate of Municipal Administration, 75, Urban Administrative Building, Santhom High Road, MRC Nagar, Raja Annamalaipuram, Chennai.
2.The District Collector, 3.The Commissioner, Adiramapattinam Municipality, 4.The Adiramapattinam Educational Trust, Represented by its Secretary, M.S.Tajudeen, Pattukottai Road, Adiramapattinam, Thanjavur.
5.The Iman Shafi (RAH) Matric Higher Secondary School, Represented by its Correspondent, M.S.Tajudeen, Pattukottai Road, Adiramapattinam, 5/6
S.M.SUBRAMANIAM , J.
and DR.A.D.MARIA CLETE , J.
ps ORDER MADE IN DATED : 03.06.2025 6/6