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Madras High CourtWP(MD)/24675/2019dismissed

K.Ayyathurai v. Government Of Tamil Nadu

2019-11-21Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE R.THARANI W.P(MD)NO.24675 OF 2019 and W.M.P(MD)Nos.21318,21319 and 21321 of 2019 K.Ayyathurai : Petitioner .vs.

1.The Government of Tamil Nadu, represented by the Additional Chief Secretary, Rural Development and Panchayat Raj Department, Fort St.George, Chennai-9.

2.The Commissioner of Rural Development and Panchayat Raj, Panagal Building, Jeenis Road, Saidapet, Chennai -15.

3.The Election Commissioner, Tamil Nadu State Election Commission, 208/2, Jawaharlal Nehru Road, Arumbakkam, Chennai -106.

4.The Electoral Officer/District Collector, Thanjavur District, Thanjavur.

5.The Block Development Officer, Thanjavur Panchayat Union, Thanjavur.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned notification of G.O.No.57,Rural Development and Panchayat Raj(PR-1), dated 20.5.2019 issued by the Additional Chief Secretary, Rural Development and Panchayat Raj Department, Ist respondent herein and consequently to direct the respondents to make reservations in the 1/3

15 wards of Nanjikottai Panchayat, Thanjavur Panchayat Union, Thanjavur District for SC/ST Category and to reserve the office of the Panchayat President of Nanjikottai Panchayat for SC/ST Category. For Petitioner : Mr.Y.Krishnan For Respondents : Mr.A.K.Baskarapandian 1,2,4 and 5 Spl.G.P.

For Respondent-3 : Mr.D.Shanmugaraja Sethupathy

O R D E R

[Order of the Court was made by T.S.SIVAGNANAM.,J.] This Writ Petition has been filed challenging G.O.No.57,Rural Development and Panchayat Raj(PR-1), dated 20.5.2019 and consequently to direct the respondents to make reservations in the 15 wards of Nanjikottai Panchayat, Thanjavur Panchayat Union, Thanjavur District for SC/ST Category and to reserve the office of the Panchayat President of Nanjikottai Panchayat for SC/ST Category. 2.The learned counsel for the Petitioner has drawn the attention of this Court to G.O.No.57, which is the notification issued pertaining to reservation of seats foR SC/ST category and women in Thanjavur Panchayat Union under the Tamil Nadu Panchayat Act. Referring to the tabulated statement in respect of Thanjavur Panchayat Union, it is submitted that there is no reservation for SC/ST Category in any one of the 15 wards in Nanjikottai Village Panchayat.

3.As rightly pointed out by the learned Special Government Pleader appearing for the respondents 1,2,4 and 5, the notification produced before us is the notification pertaining to the Thanjavur Panchayat Union. Nanjikottai Village Panchayat falls within the Thanjavur Panchayat Union and it consists of 15 wards. These 15 Panchayat wards falls within the Thanjavur Panhayat Union Wards Nos. 10,21 and 22. Out of 15 wards, Ward Nos.2 and 15 have been allotted to SC/ST Category. Therefore, the Petitioner's claim is totally wrong and as such, there is no ground to interfere with the impugned notification.

4.Accordingly, the Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) 2/3

vsn To 1.The Additional Chief Secretary, Government of Tamil Nadu, Rural Development and Panchayat Raj Department, Fort St.George, Chennai-9.

2.The Commissioner of Rural Development and Panchayat Raj, Panagal Building, Jeenis Road, Saidapet, Chennai -15.

3.The Electoral Officer/District Collector, Thanjavur District, Thanjavur.

4.The Block Development Officer, Thanjavur Panchayat Union, Thanjavur.

+1 CC to MR.D. SHANMUGARAJA SETHUPATHI, Advocate ( SR-100167[F] dated 21/11/2019 ) +2 CC to Mr.Y. KRISHNAN, Advocate ( SR-100190[F] dated 21/11/2019 ) +1 CC to Spl.GP ( SR-100571[F] dated 22/11/2019 ) ORDER MADE IN W.P(MD)NO.24675 OF 2019 and W.M.P(MD)Nos.21318,21319 and 21321 of 2019 21.11.2019 MK (09.12.2019) 3P 9C 3/3