S.Nagamuthu, S/O.Singaram, v. The Government Of Tamil Nadu,

2BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.14504 of 2017 S.Nagamuthu .. Petitioner Vs.

1. The Govt. of Tamil Nadu, Rep. by its Secretary to Government, Rural Development and Panchayat Raj Department, Fort St. George, Chennai - 9.

2. The Tamil Nadu State Election Commission, Rep. by its State Election Commissioner, No.208/2, Jawaharlal Nehru Road, Arumbakkam, Chennai.

3. The Commissioner of Rural Development & Panchayat Raj Department, Panagal Maligai, Jeenis Road, Saidapet, Chennai.

4. The District Collector, Pudukkottai District.

5. The Block Development Officer, Arimalam Panchyat Union, Pudukkottai District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 07.11.2016, to notify the Ward Nos.12 & 13 of Arimilam Panchayat Union, Pudukkotai District as a General Ward on rotation basis prior to the publication of notification for Panchayat elections 2017. For petitioner : Mr.K.Baalasundharram For respondents No.1 to 3 : Mr.R.Karthikeyan Additional Government Pleader For respondent No.5 : Mrs.Bharathi For respondent No.4 : Mr.M.Govindan Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/

O R D E R

*********** [Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this Writ Petition to notify the Ward Nos.12 & 13 of Arimilam Panchayat Union, Pudukkotai District, as a General Ward, on rotation basis.

2. The learned Additional Government Pleader appearing for the Tamil Nadu State Election Commission, by placing reliance on the amendment made to the Tamil Nadu Panchayats Act, 1994, contended that in view of the amended provision, there is no question of considering the representation given by the petitioner for the purpose of converting the reserved ward as a general ward, on rotation basis.

3. In view of the amendment made to the statute, there is no question of entertaining the Writ Petition. It is always open to the petitioner to challenge the statutory provision, if he is aggrieved.

4. The Writ Petition is dismissed, with the above observation. No costs.

Sd/- Assistant Registrar (Writs) /True copy/ Sub Assistant Registrar To:

1. The Secretary to Government, Rural Development and Panchayat Raj Department, Fort St. George, Chennai - 9.

2. The State Election Commissioner, The Tamil Nadu State Election Commission, No.208/2, Jawaharlal Nehru Road, Arumbakkam, Chennai.

3. The Commissioner of Rural Development & Panchayat Raj Department, Panagal Maligai, Jeenis Road, Saidapet, Chennai.

4. The District Collector, Pudukkottai District.

5. The Block Development Officer, Arimalam Panchyat Union, Pudukkottai District.

+1 CC to M/s.K.BAALASUNDHARAM, Advocate, SR No. 70486. +1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No. 70874. NB PSM/GT/SAR1/24.08.2017/2P/8C ORDER MADE IN W.P.(MD)No.14504 of 2017 03.08.2017 https://hcservices.ecourts.gov.in/hcservices/