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Madras High CourtWP(MD)/22299/2025dismissed

G.Vijayakumar v. The State Of Tamilnadu

2025-08-14Honourable Mr Justice C. Saravanan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD)No.17428 of 2025 G.Vijayakumar ... Petitioner Vs

1. The State of Tamilnadu, Rep by its Secretary to Government, Department of Municipal Administration and Water Supply, Fort St.George, Chennai - 600 009.

2. The Directorate of Municipal Administration, Rep by its Director of Municipal Administration, No.3, MRC Nagar, Raja Annamalai Puram, Chennai - 600 028.

3. The District Election Officer/District Collector, Tenkasi District.

4. Municipal Administration Zonal Director, Municipal Administration Zonal Office, Tirunelveli.

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5. Municipal Commissioner, Municipal Office, Sankarankovil.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the first and third respondents not to conduct the election till the disposal of order issued by this Court. For petitioner : No appearance For respondents : Mr. Veerakathiravan Additional Government Pleader Asst. by Mr.D.Ghandiraj Special Government Pleader for R1 to R4 Mr.M.Rajarajan Standing Counsel for R5 *****

ORDER

This Writ Petition is disposed of at the time of admission. There is no representation on behalf of the petitioner. Heard the learned Additional Government Pleader for the respondents 1 to 4 and the learned Standing Counsel for the fifth respondent.

2. Earlier, two other Writ Petitions came to be filed before this Court at the behest of the Chairperson of the Sankarankoil Municipality, namely, G. Uma 2/6

Maheswari, when the proposal moved to pass a no confidence motion against her under the provisions of Section 51 of the Tamil Nadu Urban Local Body Act, 1998 r/w Rule 161 of the Tamil Nadu Urban Local Bodies Rules, 2023.

3. Earlier, two Writ Petitions had been filed by the Chairperson of Sangakarankoil Municipality, namely, G.Uma Maheswari in W.P.(MD) No.18527 of 2025 and W.P.(MD) No.22104 of 2025. W.P.(MD) No.18527 of 2025 has filed for the following relief:

"To declare the Resolution No.803 allegedly passed in the council of Sanakarankovil Municipality by majority pursuant to the no confidence motion, dated 02.07.2025 as illegal and arbitrary and further, direct the respondents to conduct meeting for voting in the manner prescribed under Rule 161 of Tamil Nadu Urban Local Bodies Rules."

However, it was dismissed on 07.08.2025, as the Election Notification had been issued on 05.08.2025.

4. In W.P.(MD)No.22104 of 2025, the said Election Notification was challenged, which was also dismissed on 11.08.2025.

5. It is informed by the learned Additional Government Pleader for the 3/6

respondents 1 to 4 that out of 30 elected members 28 had moved a motion for no confidence against the said Chairperson, namely, G.Uma Maheswari under Section 51 of the Tamil Nadu Urban Local Body Act, 1988 r/w Rule 161 of the Tamil Nadu Urban Local Bodies Rules, 2023.

6. It is noticed that the petitioner herein, who is the other Councillor supporting the case of the Chairperson, namely, G.Uma Maheswari, had earlier filed a Writ Petition before the Principal Bench of this Court in W.P.No.30145 of 2025. The said Writ Petition was filed for a Mandamus to direct the respondents 1 and 2 therein/respondents 1 and 2 herein to take action against M.Nagaraj, Commissioner of Sankarankoil Municipality and Mrs.Vijayalakshmi, Zonal Director, Municipal Administration and conduct a fair election of the Chairmen Post with following legal procedure based on the petitioner's representation, dated 18.07.2025 and consider the same within stipulated time.

7. The very same petitioner has now approached this Court today by way of the present Writ Petition for the following relief: "To direct the first and third respondents not to conduct the 4/6

election till the disposal of order issued by this Court."

8. The prayer of the petitioner is vague, apart from the fact that the petitioner is desperate in resorting to forum shopping both before the Principal Bench and before the Madurai Bench and Hence, this Writ Petition is liable to be dismissed.

9. Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Index : Yes / No 14.08.2025 Internet : Yes / No apd Note: Issue on 14.08.2025 To

1. The Secretary to Government, Department of Municipal Administration and Water Supply, Fort St.George, Chennai - 600 009.

2. The Directorate of Municipal Administration, Rep by its Director of Municipal Administration, No.3, MRC Nagar, Raja Annamalai Puram, Chennai - 600 028.

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C.SARAVANAN, J.

apd

3. The District Election Officer/District Collector, Tenkasi District.

4. Municipal Administration Zonal Director, Municipal Administration Zonal Office, Tirunelveli.

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