← Library
Madras High CourtWP(MD)/17961/2017dismissed

K.Gunasekaran, v. The Director,

2024-02-22Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.02.2024

CORAM:

THE HONOURABLE MS.JUSTICE B.PUGALENDHI K.Gunasekaran ... Petitioner Vs.

1.The Director, Rural Development and Panchayatraj Department, Panakal Malligai, Saidapet, Chennai-15.

2.The District Collector, Karur District, Karur.

... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the Impugned Order in Na.Ka.Pava4/1354/2017 dated 23.08.2017 issued by the second respondent and quash the same and consequently, direct the respondents to allocate the Anjur Village Panchayat Presidentship to the General Category in the upcoming local body election.

For Petitioner : No appearance For Respondents : Mr.R.Suresh Kumar Additional Government Pleader

ORDER

The petitioner has filed this writ petition for writ of certiorarified Mandamus calling for the records relating to the impugned order in Na.Ka.Pava4/1354/2017 dated 23.08.2017 issued by the second respondent and quash the same and consequently, direct the respondents to allocate the Anjur Village Panchayat Presidentship to the General Category in the upcoming local body election.

2. According to the petitioner, without considering population of Schedule Caste, the post of the Panchayat President for the Anjur Village Panchayat was erroneously allotted to S.C (Woman), which is illegal. Therefore, considering the percentage of the people residing in the village, the panchayat should have been declared as reserved for General Category.

3. The learned Additional Government Pleader appearing for the respondents submitted that as per the census 2011, the post of president for Anjur Village Panchayat has been reserved taking into account of the SC population against total population at the Block level. Therefore, the reservation of Panchayat President post is made following the guidelines issued in the G.O(Ms)No.142 Rural Development (C.2) Department, dated 07.08.1995 and the contention of the petitioner is improper. He further submits that earlier, one Ramalingam has filed a separate writ petition for the very same relief before this Court in W.P(MD) No.18988 of 2016 and the same has been dismissed by this Court as devoid of merits.

4. The relief sought for by the petitioner has already been rejected by this Court in the earlier writ petition and therefore, pressing the same relief in this writ petition cannot be countenanced. Accordingly, this Writ Petition is dismissed. No costs.

22.02.2024 NCC : Yes/No Index : Yes/No Internet : Yes/No

B.PUGALENDHI,J cp To 1.The Director, Rural Development and Panchayatraj Department, Panakal Malligai, Saidapet, Chennai-15.

2.The District Collector, Karur District, Karur.

W.P.(MD)No.17961 of 2017 Dated: 22.02.2024