M.Balaguru, v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM AND THE HONOURABLE MR.JUSTICE A.M.BASHEER AHAMED W.P.[MD].No.14987 of 2018 M.Balaguru : Petitioner Vs.

1.The Commissioner, Dindigul Corporation, Dindigul.

2.The Collector, Dindigul Collectorate Office, Dindigul.

3.The Senior Town Planning Officer (Incharge), Office of the Corporation, Dindigul.

: Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned notification in M.M.No2662/2018/F4(f1), dated 07.05.2018 based on the recommendation of the first respondent and quash the same and consequently direct the first respondent to consider the representation of the petitioner and others and to retain the Narayanan Nagar 1st and 2nd street in Ward No.6.

For petitioner : Mr.J.Alaguram Jothi For R-1 & R-3 : Mr.J.Lawrance For R-2 : Mr.M.Pandiarajan Additional Government Pleader

O R D E R

*********** [Order of the Court was made by C.T.SELVAM, J.] The writ petitioner seeks issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned notification in M.M.No2662/2018/F4(f1), dated 07.05.2018 based on the recommendation of the first respondent and quash the same and consequently direct the first respondent to consider the representation of the petitioner and others and to retain the Narayanan Nagar 1st and 2nd street in Ward No.6. 2.We have heard learned counsel for the petitioner, learned Additional Government Pleader for the second respondent and learned counsel for the first and third respondents.

https://hcservices.ecourts.gov.in/hcservices/ 3.The communication of the Appellate Authority/Senior Town

Planning Officer, Dindigul Municipality in proceedings No. M.M.No2662/2018/F4(f1), dated 07.05.2018, informs that in conducting an exercise of delimitation of Wards, representation of all were considered and eventually decision had been taken keeping in mind the Rules extant and in such manner as would ensure equal population in each Ward.

4.Learned counsel for the petitioner submitted that when the petitioner and his group belonged to Ward No.6, they had an Association, which inter alia, had made an arrangement for watersharing. Such reason cannot stand in the way of Authorities going about their function of delimitation of Wards. Unless some violation of Law or Rule extant, is made out, it is not for this Court to interfere.

5.In such view of the matter, this Writ Petition shall stand dismissed. No costs.

Sd/ Assistant Registrar (T&P) /True copy/ Sub Assistant Registrar(CS-IV) To 1.The Commissioner, Dindigul Corporation, Dindigul.

2.The Collector, Dindigul Collectorate Office, Dindigul.

3.The Senior Town Planning Officer (Incharge), Office of the Corporation, Dindigul.

+1cc to Mr.J.ALAGURAM JOTHI, Advocate, SR.No.72696 +1cc to Mr.J.LAWRANCE, Advocate, SR.No.73078 +1cc to M/s.Special Government Pleader,SR.No.72815 W.P.[MD].No.14987 of 2018 12.07.2018 LS/RJ2 KK/SV/SAR-4/24.07.2018/2P-7C/ https://hcservices.ecourts.gov.in/hcservices/