S.V.Udayakumar v. The State Of Tamilnadu Represented By Its
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY S.V.Udayakumar ... Petitioner vs.
1.The State of Tamil Nadu, Represented by its Secretary to Government, Municipal Administration and Water Supply Department, Fort St.George, Chennai.
2.The Joint Director of Municipal Administration, Office of the Directorate of Municipal Administration, No.75, Santhome High Road, Raja Annamalaipuram, Chennai - 600 028.
3.The Commissioner of Municipal Administration, Ezhilagam Annex, Kamarajar Salai, Chepauk, Chennai - 600 005.
4.The Tamil Nadu Local Bodies Ombudsman, No.100, Anna Salai, Guindy, Chennai - 600 032.
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5.The Director - Local Fund Audit, Directorate of Local Fund Audit, Integrated Finance Office Complex, Nandanam, Chennai.
6.The Deputy Director - Local Fund Audit (Nodal Officer), Directorate of Local Fund Audit, Integrated Finance Office Complex, Nandanam, Chennai.
7.The Commissioner, Nagercoil Municipality, Nagercoil, Kanyakumari District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the fifth respondent to implement the order No.72/Ma/2024 dated 21.01.2025 of the fourth respondent and to initiate investigation and to take further actions and consequently direct the seventh respondent and his subordinates to co-operate for the investigation to be conducted by the fifth respondent within a time frame fixed by this Court by allowing the above writ petition.
For Petitioner : Mr.A.Mohan for M/s.Aran Legal Consultancy For RR 1 to 3 & 5 to 7 : Mr.P.Thilak Kumar Government Pleader For R - 4 : Mr.D.Shanmugarajasethupathi 2/7
ORDER
(Order of the Court was made by J. NISHA BANU, J.) By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.
2.The Writ Petition has been filed seeking the issuance of a Writ of Mandamus, directing the fifth respondent to implement the order No.72/Ma/2024 dated 21.01.2025 passed by the fourth respondent and to initiate an investigation and take further action. The petitioner also seeks a consequential direction to the seventh respondent and his subordinates to co-operate with the investigation to be conducted by the fifth respondent, within a time frame to be fixed by this Court. 3.According to the petitioner, he is an elected representative of the Nagercoil Municipal Corporation and became aware of the violations of the procedures contemplated under the Tamil Nadu Transparency in Tenders Act, 1988 in approximately 44 tenders floated by the seventh respondent. Accordingly, the petitioner submitted complaints on 16.03.2024 and 24.05.2024 to the Tamil Nadu Local Bodies Ombudsman, the fourth respondent, for taking action. The 3/7
fourth respondent, after considering the oral and documentary evidences, found severe violations in the tenders and directed the fifth respondent to conduct investigation, by order dated 21.01.2025. As no time frame was stipulated in the order, the fifth respondent has not taken any action for the past three months. Hence, the petitioner has filed this Writ Petition as a Public Interest Litigation. 4.The learned Government Pleader appearing for the respondents 1 to 3 & 5 to 7 submitted that the order passed by the fourth respondent, dated 21.01.2025 will be implemented by the fifth respondent within a time frame stipulated by this Court.
5.Heard the learned counsel appearing for the petitioner, the learned Government Pleader appearing for the respondents 1 to 3 & 5 to 7 and the learned counsel appearing for the fourth respondent and perused the materials available on record.
6.Considering the abovesaid submissions, we direct the fifth 4/7
respondent to implement the order passed by the fourth respondent, dated 21.01.2025, after affording sufficient opportunity of hearing to all the parties concerned and pass appropriate orders on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order.
7.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.
[J.N.B.,J.] & [S.S.Y.,J.] 29.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps To 5/7
1.The Secretary to Government, Municipal Administration and Water Supply Department, Represented by the State of Tamil Nadu, Fort St.George, Chennai.
2.The Joint Director of Municipal Administration, Office of the Directorate of Municipal Administration, No.75, Santhome High Road, Raja Annamalaipuram, Chennai - 600 028.
3.The Commissioner of Municipal Administration, Ezhilagam Annex, Kamarajar Salai, Chepauk, Chennai - 600 005.
4.The Tamil Nadu Local Bodies Ombudsman, No.100, Anna Salai, Guindy, Chennai - 600 032.
5.The Director - Local Fund Audit, Directorate of Local Fund Audit, Integrated Finance Office Complex, Nandanam, Chennai.
6.The Deputy Director - Local Fund Audit (Nodal Officer), Directorate of Local Fund Audit, Integrated Finance Office Complex, Nandanam, Chennai.
7.The Commissioner, Nagercoil Municipality, Nagercoil, Kanyakumari District.
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J.NISHA BANU , J.
and S.SRIMATHY, J.
ps ORDER MADE IN DATED : 29.04.2025 7/7