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Madras High CourtWP(MD)/10241/2026allowed

Revathi B v. The Principal Secretary To Government

2026-04-15Honourable Mr.Justice Hemant Chandangoudar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2026

CORAM

THE HON'BLE MR.JUSTICE HEMANT CHANDANGOUDAR W.P.(MD)No.10241 of 2026 and W.M.P(MD)Nos.8045 & 8046 of 2026 B.Revathi .. Petitioner - Vs. -

1. The Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai - 600 009.

2. The Director of Municipal Administration, Directorate of Municipal Administration, Urban Administrative Building, No.75, Santhome High Road, MRC Nagar, Raja Annamalaipuram,

3. The Regional Director of Municipal Administration, Tirunelveli District Collectorate (Old), Tirunelveli.

4. The Commissioner, Municipal Office, 1/6

5. The Chairman, Kadayanallur Municipality, .. Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the above mentioned impugned Resolutions No.7 to 86 passed on 13.03.2026 by the 5th respondent and to quash the same consequently direct the 4th and 5th respondents to re-conduct the meeting by following the due procedures under the TN Urban Local Bodies Rules, 2023 and to pass the fresh resolution.

For Petitioner : Mr.S.Sundarapandian For Respondents : Mr.P.Subbaraj Special Government Pleader for R1 to R3 : Mr.M.Rajarajan Standing Counsel for R4

ORDER

The petitioner challenges the Resolution Nos.7 to 86 passed on 13.03.2026 by the 5th respondent and consequently seeks for a direction to the respondents 4 and 5 to re-conduct the meeting by following the due 2/6

procedure under the Tamilnadu Urban Local Bodies Rules, 2023.

2. The primary ground on which the resolutions are challenged before this Court is that 6 days prior notice was not provided before convening the meeting as stipulated under Rule 156(2) of the Tamilnadu Local Bodies Rules, 2023 which clearly mandates 6 days prior notice. In the instant, the notice issued under Rule 156(2) has not been challenged. However the resolution passed consequent to the issuance of the said notice have been challenged.

3. As per Section 42 of the Tamilnadu Urban Local Bodies Act, 1998, the Commissioner is authorised officer to consider the resolution of the Municipal Council or the petitioner can approach the concerned District Collector for cancellation of the resolutions.

4. Heard the learned counsel appearing on either side

5. In light of the alternative remedy provided under Section 42 of the Act, 1998, the present Writ Petition is not entertainable and accordingly, is disposed of preserving liberty to the petitioner to seek cancellation of the 3/6

impugned resolution under Section 42 of the Tamilnadu Urban Local Bodies Act, 1998.

6. There shall be no orders as to costs. Consequently, connected miscellaneous petitions are closed.

15.04.2026 Index :Yes/No Internet :Yes/No NCC :Yes/No PJL To

1. The Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai - 600 009.

2. The Director of Municipal Administration, Directorate of Municipal Administration, Urban Administrative Building, No.75, Santhome High Road, MRC Nagar, Raja Annamalaipuram,

3. The Regional Director of Municipal Administration, Tirunelveli District Collectorate (Old), Tirunelveli.

4/6

4. The Commissioner, Municipal Office,

5. The Chairman, Kadayanallur Municipality, 5/6

HEMANT CHANDANGOUDAR, J.

PJL W.P.(MD)No.10241 of 2026 15.04.2026 6/6