P.M. Jalali, v. Government Of Tamil Nadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.10.2016
CORAM:
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.[MD].Nos.11095, 10992, 10784, 10736, 11156 and 11228 of 2011 and M.P.(MD)Nos.2,2,1,2,1, 2 and 3 of 2011 W.P.(MD)No.11095 of 2011:
P.M.Jalali 1.Government of Tamil Nadu, rep. through its Principal Secretary, Chennai-9.
2.Commissioner of Municipal Administration, Municipal Administration Department, Ezhilagam Annex, 6th Floor, Chepauk, Chennai-600 005.
3.Tamil Nadu State Election Commission, Rep. thro its Secretary, No.208/2, Jawaharlal Nehru Road, Opp-CMBT, Arumbakkam, Chennai-106.
to call for the records of the first respondent's notification in G.O.Ms.No.137, Municipal Administration and Water Supply (Election), dated 12.09.2011 and to quash the election notification in respect of Schedule II - Municipalities, column 4 serial number 1 Kayalpattinam in Tuticorin District and direct the respondents to notify the Kayalpattinam Municipal constituency as per the provisions contemplated under Article 243-T of the Constitution of India and the Rule 5 of the Tamil Nadu Town Panchayat, Municipalities and Corporations (Delimitation of Wards or Divisions and Reservation) Rules, 1996
before conducting 2011 local body election for the chairmen post of the Kayalpattinam Municipality in Tuticorin District. For Respondents : Mr.M.Govindan, ************ W.P.(MD)No.10992 of 2011:
Thiruthangal Town Residents Welfare Association, rep. by its President M.Samuel 1.The Government of Tamil Nadu, rep. by its Principal Secretary, Chennai-600 009.
Ezhilagam Building, Chepauk, Chennai-600 005.
3.The Election Commissioner, 100 Feet Road, Opp. to C.M.B.T., to call for the records pertaining to the Government Order in G.O.Ms.No.137 with consequential notification dated 12.09.2011 passed by the first respondent with regard to categorizing the petitioner's Thiruthangal Municipality as "General Women" for the forthcoming local body election 2011 and quash the same and consequently, direct the first respondent to categorize the petitioner's Thiruthangal Municipality either as General or Schedule Caste Women on rotational basis.
For Respondents : Mr.M.Govindan,
W.P.(MD)No.10784 of 2011:
S.Balakrishnasamy 1.The Secretary to Government, Chennai-600 005.
3.The Secretary, Constitution of India to issue a Writ of Declaration, declaring that the proviso to Sub Rule 2 of Rule 5 of Tamil Nadu Panchayats and Municipalities and Corporations (Delimitation of Wards or Divisions and Reservation) Rules, 1996 amended vide G.O.(Ms) No.124, dated 07.09.2011, read with G.O.Ms.No.137, dated 12.09.2011 issued by the first respondent in so far as it relates to the office of Chairperson of Virudhunagar Municipality is concerned are illegal and ultra-virus the provisions of Tamil Nadu District Municipalities Act, 1920 and consequently, direct the respondents to treat the post of Chairperson of Virudhunagar Municipality under the general category.
For Respondents : Mr.M.Govindan, W.P.(MD)No.10736 of 2011:
A.Kaja Mohideen 1.Government of Tamil Nadu, Fort St. George, Chennai-9, Through its Principal Secretary, Water Supply (Election) Department.
Ezhilagam, Chennai-5.
3.Tamil Nadu State Election Commission, Through its Secretary, Chenani-26.
to call for the records of the first respondent in G.O.(Ms)No.124 (Municipal Administration and Water Supply (Election) Department, dated 07.09.2011 and to quash the proviso to sub-rule 2 of Rule 5 of the Tamil Nadu Town Panchayats, Third Grade Municipalities, Municipalities and Corporations (Delimitation of Wards or Divisions and Reservations) Rules, 1996 and consequently direct the respondents to conduct the election of Chairperson to the Municipalities of 1.Ambasamudiram, 2.Kadayanallur, 3.Tenkasi and 4.Vikramasingapuram allotting it to general/open candidates. [Prayer amended as per the order of this Court dated 22.09.2011 in M.P.(MD)No.3 of 2011].
For Respondents : Mr.M.Govindan, W.P.(MD)No.11156 of 2011:
Abudakir 1.The Secretary to Government, Water Supply (Election) Department, Chennai-600 005.
3.The Secretary, Chenani.
Constitution of India to issue a Writ of Declaration, declaring that the proviso to under Sections (5)(6) and (7) of Section 7 of Tamil Nadu District Municipalities Act, 1920 read with Sub Rule 4 of Rule 4 of Tamil Nadu Town Panchayats and Municipalities and Corporations (Delimitation of Wards or Divisions and Reservation) Rules, 1996 amended vide G.O.(Ms)No.124, dated 07.09.2011, read with G.O.Ms.No.137, dated 12.09.2011 issued by the first
respondent in so far as it relates to the office of Municipal Counselor Ward No.38 of Pudukottai Municipality is concerned are illegal and ultra-virus the provisions of Tamil Nadu District Municipalities Act, 1920 and consequently, direct the respondents to treat the post of Municipal Counselor Ward No.38 of Pudukottai Municipality under the general category.
For Respondents : Mr.M.Govindan, W.P.(MD)No.11228 of 2011:
K.Paulraj 1.The Secretary to Government, Water Supply (Election) Department, Secretariat, Chennai-9.
2.The Director, Water Supply (Election) Department, Ezilagam, Chepauk, Chennai-5.
3.The Commissioner, Puliyangudi Municipality, Sivagiri Taluk, Tirunelveli District.
4.The State Election Commissioner, State Election Commission, Koyambedu, Chenani.
to call for the records in connection with the impugned G.O.Ms.No.137/2011, dated 12.09.2011 issued by the first respondent for conduct the Puliyangudi Municipality election October, 2011 and quash the same as illegal, arbitrary, unconstitutional, ultra virus, void and consequently, direct the first respondent to earmark the Puliyangudi Municipality as reserved for SC community and to be filled up the same in a fair
and transparent a manner and also to conduct existing Puliyangudi Municipality Chairman post within the time limit that may be stipulated by this Court.
For Respondents 1,2&4 : Mr.M.Govindan, C O M M O N O R D E R [Order of the Court was made by S.NAGAMUTHU, J.] All the Writ Petitions have become infructuous and as such, the Writ Petitions are dismissed as infructuous. No costs. Consequently, the connected miscellaneous petitions are also dismissed.
Sd/ Assistant Registrar(Writs) /TRUE COPY/ Sub Assistant Registrar To
1. The Principal Secretary, Chennai-9.
Municipal Administration Department, Ezhilagam Annex, 6th Floor, Chepauk, Chennai-600 005.
3.The Secretary, No.208/2, Jawaharlal Nehru Road, Opp-CMBT, Arumbakkam, Chennai-106.
4.The Election Commissioner, 100 Feet Road, Opp. to C.M.B.T.,
5.The Director, Water Supply (Election) Department, Ezilagam, Chennai-5.
6.The Commissioner, Puliyangudi Municipality, Sivagiri Taluk, Tirunelveli District.
+1cc to M/s.A.Haja Mohideen, Advocate, in SR No.62745. Common Order made in W.P.[MD].Nos.11095, 10992, 10784, 10736, 11156 and 11228 of 2011 Dated: 21.10.2016 sml msm/em-mpa/09.11.16/p7/8c