M.Kannan, S/O.Malaiyandi v. Chief Secretary To

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.[MD].No.19438 of 2016 M.Kannan ... Petitioner Vs.

1.Chief Secretary to Government, Tamil Nadu St. George Fort, Chennai 2.The Chief Election Commissioner, Tamil Nadu State Election Commission, No.208/2, Jawaharlal Nehru Road, Arumbakkam, Chennai - 600 106.

3.The District Collector, District Collector Campus, Trichy District.

4.The Tahsildar, Tahsildar Office, Manapparai, Trichy District ...

Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the Respondents 1 to 4 to convert the Theppampatty, Kalingampatty Village Panchayat Union council membership in ward No.3 Mannaparai Taluk Trichy District from reserved constituency to common constituency on rotation basis on the basis of representations dt.21.09.2016 made by the petitioner to the Respondents.

For Petitioner : Mr.C.S.Ravichandran For respondents 1 to 4 : Mr.R.Karthikeyan

O R D E R

[Order of the Court was made by S.NAGAMUTHU, J.] The petitioner, a voter in the Manapparai Municipality, governed by the Tamil Nadu District Municipalities Act, has come https://hcservices.ecourts.gov.in/hcservices/

up with this Public Interest Litigation seeking a direction to the respondents 1 to 4 to convert the Theppampatty, Kalingampatty Panchayat Union council membership in ward No.3 Mannaparai Taluk, Trichy District from common constituency to reserved constituency on rotation basis on the basis of representations dt.21.09.2016 made by the petitioner to the Respondents.

2.We have heard the learned counsel appearing for the petitioner, the learned Additional Advocate General appearing for the respondents 1 to 4.

3.The grievance of the petitioner is that there was no rotation of reservation of seats. The learned Additional Government Pleader would submit that as per Rule 4-A of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Delimitation of Wards or Divisions and Reservation) Rules, 1996, which was introduced by means of amendment in the year 2006 and notified in the Government Gazette on 01.09.2006 and as per the further amendment made and notified in Government Gazette on 12.09.2016, for insertion of the word "or for women" in Rule 4-A, until the Government direct otherwise, the reservation once made shall be continued to be in force. 4.The petitioner has not challenged the validity of the Rule 4-A. Thus, in our considered view, in the light of the Rule 4-A , the relief sought for by the petitioner cannot be granted. This Writ Petition is, therefore, dismissed. No costs. Consequently connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To 1.Chief Secretary to Government, Tamil Nadu St. George Fort, Chennai 2.The Chief Election Commissioner, Tamil Nadu State Election Commission, No.208/2, Jawaharlal Nehru Road, Arumbakkam, Chennai - 600 106. 3.The District Collector, District Collector Campus, Trichy District.

4.The Tahsildar, Tahsildar Office, Manapparai, Trichy District +1 cc to The Special Government Pleader in SR.No.60574 Order made in W.P.[MD].No.19438 of 2016 06.10.2016 CSL/SS-2/04.11.2016 :2P/6C https://hcservices.ecourts.gov.in/hcservices/