Ramkumar V v. The Principal Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) No.14728 of 2025 V.Ramkumar ... Petitioner /vs./ 1.The Principal Secretary to Government, Municipal Administration and Water Supply Department, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai 600 009.

2.The Director of Municipal Administration, Commissionerate of Municipal Administration, Ezhilagam, Chepauk, Chennai 600 005.

3.The District Collector, Sivagangai District, Sivagangai.

4.The Regional Director of Municipal Administration, Madurai Region, Madurai.

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5.The Commissioner, Karaikudi Corporation, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents to convene a special meeting of the Karaikudi Corporation Council to consider the no-confidence motion against the Mayor, based on the representation dated 10.07.2025, strictly in accordance with Section 51 r/w Rule161 (3) of the Tamilnadu Urban Local Bodies Rules, 2023.

For Petitioner : Mr.M.Rajarajan For R1 to R4 : Mr.D.Ghandiraj Special Government Pleader For R5 : Mr.Baskaran AAG assisted by Mr.E.P.Venkateshwar standing counsel

ORDER

Mr.D.Ghandiraj, learned Special Government Pleader takes notice for the respondents 1 to 4 and Mr.Baskaran, learned Additional Advocate General assisted by Mr.Mr.E.P.Venkateshwar, learned standing counsel takes notice for the fifth respondent.

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2.This writ petition has been filed for a Mandamus to direct the respondents to convene a special meeting of Karaikudi Corporation Council to consider the No Confidence Motion against the Mayor, based on the representation dated 10.07.2025.

3.The petitioner claims that out of 35 members in the Council, 23 persons have given 'No Objection' for moving 'No Confidence Motion' against the Mayor of the Karaikudi Corporation.

4.It is submitted that despite a notice to the fifth respondent on 10.07.2025, no steps have been taken so far for convening a special meeting for passing 'No Confidence Motion' against the Mayor of Karaikudi Corporation, as per Section 51(1) of the Tamil Nadu Urban Local Bodies Act, 1998, (herein after referred to as Act) and Rule 161(3) of the Tamil Nadu Urban Local Bodies Rules, 2023 (herein after referred to as Rule).

5.Mr.Baskaran, learned Additional Advocate General assisted by Mr.E.P.Venkateshwar, learned standing counsel for the fifth respondent fairly 3/7

concedes that the petitioner has satisfied the requirements of Section 51(1) of the Act, however, submits that the petitioner has rushed to this Court even though the time for convening the meeting with 15 days clear notice as is contemplated under Section 51(3) has not expired.

6.At this stage, the learned counsel for the petitioner submits that the petitioner apprehends that there is a possibility that even if a meeting is held, it may not be strictly in accordance with Rule 161(3) of the Tamil Nadu Urban Local Bodies Rules, 2023.

7.The learned counsel for the petitioner has placed reliance on the order passed by this Court in W.P.(MD) No.18527 of 2025, dated 08.07.2025. 8.I have considered the arguments advanced by the learned counsel for the petitioner, learned Special Government Pleader for the respondents 1 to 4 and the learned Additional Advocate General assisted by a learned standing counsel for the fifth respondent.

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9.This writ petition has been filed on 14.07.2025, almost within four days from the date of forwarding of the notice for convening a meeting for 'No Confidence Motion' against the Mayor of the Karaikudi Corporation. 10.Section 51(3) of the Act stipulates that the Commissioner shall convene a meeting for the consideration of the motion, to be held at the Municipal Office, at a time appointed by him which shall not be later than thirty days from the date on which the notice under sub-section (2) is delivered to him. Thus, it is for the fifth respondent/the Commissioner to convene a meeting within 30 days from 10.07.2025. However, Section 51(3) of the Act also contemplates a minimum of 15 days clear notice for such meeting and the time appointed therefore. 11.

Therefore, this Court is of the view that the writ petition is premature, as the petitioner has rushed to the Court immediately after giving notice in writing as is contemplated under Section 51(2) of the Act. 12.

fifth respondent, the fifth respondent is directed to convene the meeting by issuing notice within the time line specified under Section 51(3) of the Act and hold the meeting strictly in accordance with Rule 161(3) of the Rule. 13.With the aforesaid directions, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Index : Yes / No 15.07.2025 Internet : Yes / No mm To 1.The Principal Secretary to Government, Municipal Administration and Water Supply Department, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai 600 009.

2.The Director of Municipal Administration, Commissionerate of Municipal Administration, Ezhilagam, Chepauk, Chennai 600 005.

3.The District Collector, Sivagangai District, Sivagangai.

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C.SARAVANAN, J.

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