P.Petchiammal v. The Election Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.03.2017
CORAM:
THE HONOURABLE MR.JUSTICE A.SELVAM and THE HONOURABLE MR.JUSTICE N.AUTHINATHAN W.P(MD)No.1095 of 2017 P.Petchiammal .. Petitioner Vs.
1.The Election Commissioner, Election Commission of Tamil Nadu, 248, Jawaharlal Nehru Street, Arumpakkam, Chennai - 600 106.
2.The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai - 600 009.
3.The District Collector, Tuticorin District, Tuticorin.
4.The Assistant Director of Town Panchayats, Tirunelveli.
5.The Executive Officer, Tiruchendur Special Grade Town Panchayat, Tiruchendur - 628 215 Tuticorin District.
.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to allot the second ward in Tiruchendur Selection Grade Town Panchayat, Tuticorin District by rotation either to the General Category or to a woman (general) based on the petitioner's representation, dated 05.01.2017 and pass such further or other orders.
For Petitioner : Mr.C.Ganesh Kumar For Respondents : Mr.R.Karthikeyan, Additional Government Pleader.
ORDER
[Order of the Court was made by A.SELVAM, J.] This writ petition has been filed under Article 226 of the Constitution of India praying to direct the respondents to allot Ward No.2 in Tiruchendur Selection Grade Town Panchayat, Tuticorin District, either to the general category or to a woman in the ensuing election, by way of issuing a writ of mandamus. 2.The learned counsel appearing for the petitioner has advanced his argument on the basis of the averments made in the petition.
3.The learned Additional Government Pleader appearing for the respondents has contended to the effect that only as per Rule 4(A) of the Tamil Nadu District Municipalities Act, 1920, Ward can be allotted. But the demand of the petitioner cannot be considered and therefore the present Writ Petition deserves to be dismissed. 4.It is seen from the records that on 05.01.2017 a representation has been given to the petitioner and the same has not been considered. Under the said circumstances, this Court is inclined to pass the following order.
5.In fine, this writ petition is allowed in part without costs and the third respondent viz., the District Collector, Tuticorin District, Tuticorin is directed to look into the representation dated 05.01.2017 and dispose of the same within a period of 15 days.
Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar ps To 1.The Election Commissioner, Election Commission of Tamil Nadu, 248, Jawaharlal Nehru Street, Arumpakkam, Chennai - 600 106.
2.The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai - 600 009.
3.The District Collector, Tuticorin District, Tuticorin.
4.The Assistant Director of Town Panchayats, Tirunelveli.
5.The Executive Officer, Tiruchendur Special Grade Town Panchayat, Tiruchendur - 628 215 Tuticorin District.
+1CC to Mr.C.Ganesh Kumar, Advocate Sr.No.12688 +1CC to Spl.Government Pleader Sr.No.12876 GJM/MR/SAR-3-9.3.17-3p-8C ORDER MADE IN W.P(MD)No.1095 of 2017 06.03.2017