M.Rathika, W/O.Mathiyalagan, v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2016
CORAM:
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.[MD].No.18303 of 2016 M.Rathika : Petitioner Vs.
1.The Secretary to Government, Department of Municipal Administration and Water Supply, St. George Fort, Chennai-9.
2.The Commissioner of Municipal Administration, Ezhilagam, Chepauk, Chennai-5.
3.The Chief Election Commissioner, Election Commission of Tamil Nadu, 208/2, J.N.Road, Arumbakkam, Chennai-106.
4.The District Collector/District Election Officer, Sivagangai District, Sivagangai.
5.The Commissioner, Sivagangai Municipality, Sivagangai.
: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 3 to declare the ward Nos.26, 2 and 27 in Sivagangai Municipality for Scheduled Caste and Scheduled Tribes as per census report of 2011 by following the rules under Tamil Nadu Municipal Councils (Reservation of Wards for the Scheduled Castes and Scheduled Tribes and Co-Option of Women in the Council) Rules, 1991, on the basis of the representation of the petitioner dated 21.09.2016, within a time as may be fixed by this Court. For Petitioner : Mr.V.Sasikumar For Respondents 1to4 : Mr.M.Govindan, Special Government Pleader ******** https://hcservices.ecourts.gov.in/hcservices/
O R D E R
*********** [Order of the Court was made by S.NAGAMUTHU, J.] The petitioner has come up with this Public Interest Litigation seeking a direction to the respondents 1 to 3 to declare the ward Nos.26, 2 and 27 in Sivagangai Municipality for Scheduled Caste and Scheduled Tribes as per census report of 2011 by following the rules under Tamil Nadu Municipal Councils (Reservation of Wards for the Scheduled Castes and Scheduled Tribes and Co-Option of Women in the Council) Rules, 1991, on the basis of the representation of the petitioner dated 21.09.2016.
2. This Writ Petition has come up today for admission. We have heard the learned counsel appearing for the petitioner and Mr.M.Govindan, learned Special Government Pleader, taking notice on behalf of the respondents 1 to 4.
3. The election is fast-approaching, it is reported. Whether a particular Ward is reserved or not is a matter to be seen, after the notification is issued by the Government. In anticipation, we cannot issue any direction. If reservation is not made in accordance with the Rules, it is for the petitioner to work out always in accordance with law. The Writ Petition is highly premature. The Writ Petition is, therefore, dismissed. No costs. Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To 1.The Secretary to Government, Department of Municipal Administration and Water Supply, St. George Fort, Chennai-9.
2.The Commissioner of Municipal Administration, Ezhilagam, Chepauk, Chennai-5.
3.The Chief Election Commissioner, Election Commission of Tamil Nadu, 208/2, J.N.Road, Arumbakkam, Chennai-106.
4.The District Collector/District Election Officer, Sivagangai District, Sivagangai.
5.The Commissioner, Sivagangai Municipality, Sivagangai.
+One cc to The Special Government Pleader, SR.No.56395 SML RL/7C/2P/SS3/4.10.2016 Order made in W.P.[MD].No.18303 of 2016 https://hcservices.ecourts.gov.in/hcservices/ Dated: 23.09.2016