P.Selvarajan, v. The State Election
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.20817 of 2016 and W.M.P.(MD) Nos.14866 & 14867 of 2016 P.Selvarajan ... Petitioner -vs1.
The State Election Commissioner, O/o.The State Election Commission, 208/2, Jawaharlal Nehru Road, Opp. Koyampade Bus Stand, Arumbakkam, Chennai.
2.
State of Tamil Nadu, Rep. by its Principal Secretary, Department of Municipal Administration, Secretariat, Chennai.
3.
The Commissioner of Municipality, (Administration), Chepauk, Chennai.
4.
The District Collector, Collectorate, Nagercoil, Kanyakumari District.
5.
The Commissioner, Kuzhithurai Municipality, Kuzhithurai, Kanyakumari District-629 163.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned Tamil Nadu Government Gazette (Extraordinary) Notification Nos.215 & 217 dated 16.09.2016 on the file of the Respondent No.2 and quash the same as illegal to the extent of reserving Kuzhithurai Municipality under the head "(4) Reserved for Women (General)" under Serial Nos.22 & 115 respectively and consequently direct the Respondent No.2 to modify the allotment in Notification No.217 by way of 4, 8, 9, 10, 11, 14, 15, 18, 19, 21, 7 (SC Reserved) wards to woman and remaining 10 wards to be allotted as General Category unreserved within the time stipulated by this Hon'ble Court.
For Petitioner : Mr.T.Lajapathi Roy For R1 to R4 : Mr.Raja Karthikeyan Addl. Govt. Pleader For R5 : Mr.K.Vamanan ******
O R D E R
This writ petition has been filed, seeking to quash the impugned Tamil Nadu Government Gazette (Extraordinary) Notification Nos.215 & 217 dated 16.09.2016 on the file of the Respondent No.2 as illegal to the extent of reserving Kuzhithurai Municipality under the head "(4) Reserved for Women (General)" under Serial Nos.22 & 115 respectively, with the consequential direction to the Respondent No.2 to modify the allotment in Notification No.217 by way of 4, 8, 9, 10, 11, 14, 15, 18, 19, 21, 7 (SC Reserved) wards to woman and remaining 10 wards to be allotted as General Category unreserved.
2. Heard the learned counsel for the parties.
3. When the matter is taken up for hearing, the learned counsel for the petitioner has submitted that though the petitioner has sought for a larger relief to the extent of quashment of Tamil Nadu Government Gazette (Extraordinary) Notification Nos.215 & 217 dated 16.09.2016 of the respondent No.2, relating to reservation of particular Wards in the municipality for Women (General), he has, however restricted his relief to the extent of consideration of the representation to be filed by the petitioner in future, in the light of the order passed by this Court in W.P.No.33984 of 2016 dated 04.10.2016.
4. The learned Additional Government Pleader appearing for the respondents 1 to 4 has submitted that the fourth respondent is the competent authority to take a decision in this matter and if any representation is filed by the petitioner, the same will be considered and suitable orders passed thereon within a reasonable time to be fixed by this Court.
5. In view of the above submission, this Court directs the petitioner to submit a fresh representation to the fourth respondent along with a copy of this order and on such representation being filed, the same shall be considered and necessary orders passed thereon in line with the earlier order of this Court dated 04.10.2016 made in W.P.No.33984 of 2016, especially taking into account the Clause No.viii of Paragraph No.4, on merits and in accordance with law, within a period of six
weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner.
6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To:
1.
The State Election Commissioner, O/o.The State Election Commission, 208/2, Jawaharlal Nehru Road, Opp. Koyampade Bus Stand, Arumbakkam, Chennai.
2.
The Principal Secretary, State of Tamil Nadu, Department of Municipal Administration, Secretariat, Chennai.
3.
The Commissioner of Municipality, (Administration), Chepauk, Chennai.
4.
The District Collector, Collectorate, Nagercoil, Kanyakumari District.
5.
The Commissioner, Kuzhithurai Municipality, Kuzhithurai, Kanyakumari District-629 163.
+One cc to M/s.T.Lajapathi Roy, Advocate, SR.No.74325 ar/rm RL/7C/3P/MR/KKR/SAR1/4/9/2017 W.P(MD)No.20817 of 2016 23/08/2017