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Madras High CourtWP(MD)/17562/2015dismissed

T.Punniyamoorthy v. The State Of Tamil Nadu

2015-09-29Honourable Ms.Justice V.M.Velumani,Honourable Mr Justice R. Sudhakar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) No.17562 of 2015 and MP(MD)No.1 and 2 of 2015 T.Punniyamoorthy ... Petitioner Vs.

1.The State of Tamil Nadu, represented by its Secretary to Government, Municipal Administration and Water Supply, Fort St., George, Chennai 9.

2.The Director of Municipal Administration, Chepauk, Chennai.

3.The Commissioner, Thanjavur City Municipal Corporation Gandhiji Road, Thanjavur 1.

4.The District Collector, Thanjavur Collectorate, Thanjavur.

5.Savithiri Gopal, The Mayor, Thanjavur City Municipal Corporation, Gandhiji Road, Thanjavur 1.

6.The Council of Thanjavur City Municipal Corporation represented By Mayor, Thanjavur City Municipal Corporation, Gandhiji Road, Thanjavur 1.

...

Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the records in connection with the impugned resolution passed by the Council of 3rd respondent in the urgent meeting of the Council on 05.08.2015 pertaining to the construction of 50 shops at the Thanjavur new bus stand vide Item No.316 and 317 of the Agenda for the urgent meeting and the consequential resolution of Council dated 31.08.2015 particularly item Nos.392 and 393 in the agenda for urgent meeting of Council on 31.08.2015 approving the lease of 50 shops for 9 years and quash the same. https://hcservices.ecourts.gov.in/hcservices/

For Petitioner : Mr.S.S.Sundar For Respondents 1-4 : Mr.C.Selvaraj, Special Government Pleader

ORDER

(Order of the Court was made by R.SUDHAKAR,J.) This writ petition has been filed to quash the impugned resolutions passed by the Council of the third respondent Municipal Corporation. Admittedly, there is an appeal remedy available under Section 36 of the Tamil Nadu District Municipalities Act, 1920. The petitioner is directed to exhaust such remedy available under the said Act and the petitioner being a representative of public knows better how to deal with the matter.

2.With the above observation, the writ petition is dismissed. No costs. Connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(Co) /True Copy/ Sub Assistant Registrar.

To 1.The Secretary to Government,State of Tamil Nadu,Municipal Administration and Water Supply, Fort St., George, Chennai 9. 2.The Director of Municipal Administration, Chepauk, Chennai. 3.The Commissioner,Thanjavur City Municipal Corporation Gandhiji Road, Thanjavur 1.

4.The District Collector,Thanjavur Collectorate,Thanjavur.

5. The Mayor, Thanjavur City Municipal Corporation, Gandhiji Road, Thanjavur 1.

+1CC to Mr.S.S.Sundar, Advocate, SR.No. 57348. +1CC to The Special Government Pleader SR.No. 57514. Writ Petition (MD) No.17562 of 2015 29.09.2015 AM/13.10.2015/AMF/2P/8C https://hcservices.ecourts.gov.in/hcservices/