BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 02/12/2009 CORAM THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition(MD) No.12247 of 2009 and M.P.(MD) Nos.1 and 2 of 2009 D.Rajam .. Petitioner Vs 1.The District Collector cum Town Inspector of Panchayat, Kanyakumari District, Kanyakumari. 2.The Assistant Director of Panchayat, Nagercoil,Kanyakumari District. 3.The Executive Officer, Thingal Nagar,Town Panchayat, Naiyur Post,Kanyakumari District. .. Respondents Prayer Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the proceeding of the 1st respondent in impugned notice No.2838/2009/pa 3 dated 10.09.2009 and quash the same and consequently directing the 1st respondent to consider the petitioner representation dated 14.11.2009. !For Petitioner ... Mr.P.Subbaraj ^For Respondents ... Mr.Pala Ramasamy Special Government Pleader :ORDER
This writ petition has been filed praying for a writ of Certiorarified
Mandamus, to call for the records relating to the proceedings of the first
respondent, dated 10.09.2009, and quash the same and consequently direct the
first respondent to consider the representation of the petitioner, dated
14.11.2009.
2. The main contention of the petitioner is that the councillors are not
co-operating with the petitioner. In spite of his request to them to attend the
council meetings, they have not been participating in the meetings. In fact,
the petitioner had sent several notices, requesting the councillors to attend
the meeting.
3. It is also contended that, even though, the meetings were held, on
18.08.2008, 27.08.2008, 20.10.2008 and 21.11.2008, only the president and four
other councillors had attended the meetings. In such circumstances, the first
respondent had stated in the impugned notice, dated 10.09.2009, that a
recommendation would be made to the Government to take appropriate action
against the erring councillors, by invoking Section 41 of the Tamil Nadu
District Municipalities Act, 1920. In such circumstances, the petitioner has
preferred the present writ petition, under Article 226 of the Constitution of
India.
3. The learned counsel appearing on behalf of the respondents had stated
that the first respondent has issued the impugned notice, dated 10.09.2009,
since no meeting had been conducted for the last six months. Even during the
meetings held on, 18.08.2008, 27.08.2008, 20.10.2008 and 21.11.2008, only the
president and four other councilors had attended the meetings. In such
circumstances, since no welfare measure could be implemented, a notice had been
sent to the petitioner stating that if a meeting is not held, as per the law, a
recommendation would be made to the State Government to take appropriate action,
in accordance with Section 41 of the Tamil Nadu District Municipalities Act,
1920.
4. In view of the averments, made in the affidavit filed in support of the
petition and in view of the submissions made by the learned counsel appearing on
behalf of the respondents, this Court is of the considered view that the
petitioner has not shown sufficient cause or reason to interfere in the impugned
notice issued by the first respondent, dated 10.09.2009. The said notice is
only an intimation to the petitioner that if a meeting is not held, as per law,
a recommendation would be made to the State Government to take appropriate
action, in accordance with Section 41 of the Tamil Nadu District Municipalities
Act, 1920. Further, the petitioner has not shown as to how he is aggrieved by
the notice, dated 10.09.2009, issued by the first respondent. Further, the writ
petition has been filed only on the ground of an apprehension that action would
be taken against the petitioner, if the meetings are not held, as per the
relevant provisions of the Tamil Nadu District Municipalities Act, 1920
5. In such circumstances, since the writ petition is devoid of merits, it
stands dismissed. No costs. Consequently, connected miscellaneous petitions
are also closed.
cs
To
1.The District Collector cum
Town Inspector of Panchayat,
Kanyakumari District,Kanyakumari.
2.The Assistant Director of Panchayat,
Nagercoil,Kanyakumari District.
3.The Executive Officer,
Thingal Nagar,
Town Panchayat,
Naiyur Post, Kanyakumari District.