Pandiyaraj v. The Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) No. 11201 of 2025 Pandiyaraj ... Petitioner Vs

1. The Government of Tamil Nadu, Represented by its Principal Secretary, Municipal Administration and Water Supply Department, Fort St. George, Chennai 600 009.

2. The Commissioner of Municipal Administration and Water Supply Department, Ezhilagam Annexure Building, 6th Floor, Chepauk, Chennai - 600 005.

3. The District Collector / Inspector of Panchayat, Thoothukudi District, Thoothukudi.

4. The Commissioner, Kovilpatti Municipality, 1/6

Thoothukudi District.

5. The Executive Officer / Block Development Officer, Thittangulam Village Panchayat, Kovilpatti Panchayat Union, Thoothukudi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned Government order in G.O.(Ms).No. 202 (Municipal and Water Supply (Election) Department) dated 31.12.2024 issued by the first respondent and quash the same in so far as Thittangulam Village Panchayat for merging with the fourth respondent Municipal Corporation is concerned and direct the respondents 1 to 3 to follow the G.O.(MS).No. 131, Rural Development Department and Panchayat Raj (C1) Department dated 16.03.2007. For petitioner : Mr.K.P.Sathishkumar For respondents : Mr.D.Ghandhi Raj Special Government Pleader for R1 to R3 Mr.M.Muthumanikkam Government Advocate for R5 *****

ORDER

This Writ Petition is disposed of at the time of admission after dispensing with the notice to the fourth respondent as no adverse orders are proposed to be 2/6

passed against the fourth respondent and after hearing the learned counsel for the petitioner, learned Special Government Pleader for the respondents 1 to 3 and learned Government Advocate for the fifth respondent in the light of the order passed on 18.02.2025 in W.P.(MD) No.3047 of 2025.

2. In the aforesaid Writ Petition, G.O.(Ms). No.201, Municipal and Water Supply (Election) Department, dated 31.12.2024 was challenged. In the present Writ Petition also, similar notification issued by the first respondent on the same date in respect of Panchayat is challenged. The operative portion of the said order reads as under:

"4. Heard the learned Senior Counsel appearing for the petitioner, the learned Additional Government Pleader appearing on behalf of the respondents 1 to 3 and 5 and the learned counsel appearing for the fourth respondent.

5. Admittedly, the very same Government Order was challenged before the Division Bench and this Court, passed the following order:

"By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.

2.Though the petitioner has sought for a larger relief to quash the impugned order of the first respondent dated 31.12.2024, the learned Senior Counsel for the petitioner would submit that the petitioner has given his objections 3/6

against the proposed merger of Kovilpappakudi Village with the Madurai Municipal Corporation and that he would be satisfied if his objections are directed to be considered. 3.Mr.S.Vinayak, learned Standing Counsel, who accepts notice for the Madurai Corporation submits that the notification was issued on 31.12.2024 and six [6] weeks time has been given for filing of objections and the six [6] weeks period is yet to expire.

4.In the light of the submissions made by the learned Senior Counsel appearing for the petitioner, liberty is hereby granted to the petitioner to further give his objections within a period of six [6] weeks from the date of the notification and on receipt of the same, the respondents shall consider the same and pass orders on merits and pass appropriate orders in accordance with law.

5.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs."

6. In the aforesaid order, this Court granted liberty to the petitioner therein to raise all his objections before the respondents. In line with the order of the Division Bench, this Court directs the petitioner to submit all his objections before the respondents within a period of four weeks from the date of receipt of a copy of this order. The respondents shall consider such objections and pass appropriate orders in accordance with law.

7. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed."

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3. In view of the above, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 04.06.2025 Internet : Yes / No apd To

1. The Government of Tamil Nadu, Represented by its Principal Secretary, Municipal Administration and Water Supply Department, Fort St. George, Chennai 600 009.

2. The Commissioner of Municipal Administration and Water Supply Department, Ezhilagam Annexure Building, 6th Floor, Chepauk, Chennai - 600 005.

3. The District Collector / Inspector of Panchayat, Thoothukudi District, Thoothukudi.

5. The Executive Officer / Block Development Officer, Thittangulam Village Panchayat, Kovilpatti Panchayat Union, Thoothukudi District.

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C.SARAVANAN, J.

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