S.Maria Micheal v. The Principal Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.05.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)No.10653 of 2025 S.Maria Micheal ... Petitioner vs.
1.The Principal Secretary to Governor, Raj Bhavan, Chennai.
2.The Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, St.George Fort, Chennai.
3.The District Collector, Trichy District, Trichy.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the second respondent to forward the petitioner's objections along with other Villagers objections dated 1/8
11.01.2025 for the notification appended with G.O.(MS).No.201 dated 31.12.2024 issued by the second respondent, to the first respondent to decide on the objections, as per Section 3(2)(d) of the Tamil Nadu Urban Local Bodies Act 1998, before declaring the notification, for inclusion within, or exclusion from the Tirchirappalli Corporation, within the time frame stipulated by this Court. For Petitioner : Mr.M.Suresh For Respondents : Mr.D.Gandhiraj Special Government Pleader
ORDER
(Order of the Court was made by S.SRIMATHY, J.) By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.
2.The petitioner has filed the present Writ Petition, styled as a Public Interest Litigation, seeking a direction to the second respondent to forward the petitioner's objections, along with those of other villagers dated 11.01.2025, regarding the notification appended to G.O.(Ms).No.201 dated 31.12.2024, issued by the second respondent, to the first respondent for consideration. The petitioner 2/8
prays that the objections be considered under Section 3(2)(d) of the Tamil Nadu Urban Local Bodies Act, 1998, before issuing the final notification concerning the inclusion or exclusion of areas within the Tiruchirappalli Corporation limits. 3.According to the petitioner, by virtue of the notification appended to G.O.(Ms).No.201 dated 31.12.2024, issued by the second respondent, the petitioner and the residents of his village will be severely affected. The notification, issued under sub-clause (i) of clause (a) of sub-section (2) of Section 3 of the Tamil Nadu Urban Local Bodies Act, 1998 (Tamil Nadu Act 9 of 1999), proposes to include certain Panchayats/areas within the Corporation limits. As per the appendix to G.O.(Ms).No.201, dated 31.12.2024 the proposed extension of the Tiruchirappalli Corporation limits includes S.No.
9, the full inclusion of Gundur Village Panchayat in Thiruverumbur Panchayat Union. 4.The petitioner asserts that Gundur Panchayat is a fully agricultural village, consisting of 2000 acres of nanja land, 1000 acres of punja land, and 500 acres of water bodies.
or around the Panchayat. Furthermore, the petitioner emphasizes that the residents of Gundur are native inhabitants, with no outside population residing in the village. It is one of the most peaceful villages in the Thiruverumbur Panchayat Union. In light of this, the entire village passed a resolution in Resolution No.16 during the Republic Day Grama Sabha meeting held on 26.01.2025, opposing the inclusion of Gundur Panchayat within the Trichy Corporation limits. 5.The learned counsel appearing for the petitioner submitted that, in this regard, the petitioner and approximately 400 other villagers submitted objections on 11.01.2025, i.e., within six weeks of the notification.
As per Section 3(2)(c) of the Tamil Nadu Urban Local Bodies Act, 1998, the second respondent is mandated to forward all objections, along with his recommendations, to the Governor within 15 days from the date of receipt of such objections. The non-consideration of the petitioner's objection, dated 11.01.2025, along with those of the other villagers, warrants the interference of this Court. Hence, this Writ Petition has been filed.
4/8
6.Heard Mr.D.Gandhiraj, learned Special Government Pleader appearing for the respondents.
7.Considering the facts and circumstances of the case, the second respondent is directed to forward the petitioner's objections, along with those of the other villagers, to the first respondent, as per Section 3(2)(c) of the Tamil Nadu Urban Local Bodies Act, 1998. It is pertinent to note that the second respondent has issued G.O.(Ms).No.201, Municipal Administration and Water Supply (Election) Department, dated 31.12.2024, only on a provisional basis. Before issuing the final order, the objections submitted by the petitioner and other villagers ought to be duly considered. Therefore, the second respondent is directed to forward the said objections to the first respondent within a period of two weeks from the date of receipt of a copy of this order. Thereafter, prior to the issuance of the final notification, the petitioner's and the villagers' objections shall be considered in accordance with law, and appropriate orders shall be passed thereafter.
8.With the above directions, this Writ Petition is disposed of. There 5/8
shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed.
[S.S.Y.,J.] & [R.V.,J.] 21.05.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 6/8
To 1.The Principal Secretary to Governor, Raj Bhavan, Chennai.
2.The Principal Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, St.George Fort, Chennai.
3.The District Collector, Trichy District, Trichy.
7/8
S.SRIMATHY , J.
and R.VIJAYAKUMAR, J.
ps ORDER MADE IN DATED : 21.05.2025 8/8