Pushpalatha v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Puspalatha ... Petitioner Vs.

1.The Commissioner, Municpal Administration, Chennai - 600 005.

2.The District Collector, Karur District, Karur.

3.The Deputy Director, Department of Public Health, O/o. Deputy Director of Health Services, II Floor, Collectorate, Annexure Building, Karur.

4.The Commissioner, Kulithalai Municipality, Kulithalai, Kaur District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 4th respondent to implement the resolution number 54 passed in the council of the 4th respondent on 29th June 2022.

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For Petitioner : Mr.RM.Sivakumar For Respondents : Mr.M.Lingadurai, Spl. Government Pleader for R1 to R3.

Mr.A.N.Ramanathan for R4.

ORDER

Heard the learned counsel on either side.

2.The petitioner wants this Court to direct the fourth respondent to implement the resolution said to have been passed on 29.06.2022 in the council meeting. It is too well settled that writ petition will not lie either against resolution or for enforcing the resolution. The petitioner has to necessarily pursue other statutory remedies, if available, under law. 3.With this liberty to the writ petitioner, the writ petition is disposed of. No costs.

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To:

1.The Commissioner, Municpal Administration, Chennai - 600 005.

2.The District Collector, Karur District, Karur.

3.The Deputy Director, Department of Public Health, O/o. Deputy Director of Health Services, II Floor, Collectorate, Annexure Building, Karur.

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G.R.SWAMINATHAN, J.

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