Madras High Court
S.Mathankumar vs The Government Of Tamil Nadu on 18 February, 2025
W.P.(MD)No.3047 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 18.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.(MD)No.3047 of 2025
and WMP (MD) Nos.2120 & 2122 of 2025
S.Mathankumar : Petitioner
Vs.
1. The Government of Tamil Nadu,
Represented by its Principal Secretary,
Municipal Administration and Water
Supply Department,
Fort St. George, Chennai 600 009.
2. The Commissioner of Municipal
Administration and Water Supply Department,
Ezhilagam Annexue Building,
6th Floor, Chepauk, Chennai 600 005.
3. The District Collector / Inspector of Panchayat,
Madurai District, Madurai 625 020.
4. The Commissioner,
Madurai City Municipal Corporation,
Madurai.
5. Earkudi Achampathu Village Panchayat,
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1/8
W.P.(MD)No.3047 of 2025
Represented by its Secretary,
Achampathu, Madurai 625 019,
Madurai District. : Respondents
PRAYER: Writ Petitions filed under Article 226 of the Constitution of
India for issuance of Writ of Certiorarified Mandamus, to call for the
records pertaining to the impugned Government Order in G.O.(MS).No.
201, (Municipal and Water Supply (Election) Department, dated
31.12.2024, issued by the 1st respondent and quash the same in so far as
Earkudi Achampathu Village Panchayat in Serial No. xv for merging with
the 4th Respondent Madurai Municipal Corporation is concerned and
direct to hold election to the 5th respondent Panchayat without any
further delay.
For Petitioner : Mr.K.P.S.Palanivel Rajan
Senior Counsel
for Mr.M.Karthikeya Venkitachalapathy
For Respondents : Mr.K.S.Selvaganesan
Addl.Govt.Pleader for R1 to R3 & R5
Mr.S.Vinayak for R4
ORDER
The present writ petition has been filed challenging the
Government Order in G.O.(MS).No.201, Municipal and Water Supply
(Election) Department, dated 31.12.2024, issued by the first respondent.
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2. Learned Senior Counsel appearing for the petitioner
submits that the petitioner has challenged Government Order No. 201,
dated 31.12.2024, primarily on the ground that the order was not passed
in accordance with the procedures mandated under Article 166 of the
Constitution of India. Article 166 outlines the procedures and
responsibilities regarding executive actions taken by the Governor of a
State and the authority for handling matters related to the State
government. By virtue of the said Government Order, the Village
Panchayat could not be brought into the territorial jurisdiction of the fifth
respondent without adhering to the requirements stipulated under Article
243(Q)(2) of the Constitution of India, which governs the process of
upgrading rural areas to urban areas. Learned Senior Counsel, therefore,
contended that the Government Order is in gross violation of Article 166,
and as such, it cannot be acted upon. In this regard, the learned Senior
Counsel also relied upon the judgment of the Apex Court in Champa Lal
v. State of Rajasthan & Ors., reported in (2018) 16 SCC 356.
3. Per contra, the learned Additional Government Pleader
appearing on behalf of the respondents 1 to 3 and 5 submitted that an
earlier decision by a Hon'ble Division Bench of this Court had already
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addressed the very same issue in W.A(MD) No.1714 of 2025 on
23.01.2025.
4. Heard the learned Senior Counsel appearing for the
petitioner, the learned Additional Government Pleader appearing on
behalf of the respondents 1 to 3 and 5 and the learned counsel appearing
for the fourth respondent.
5. Admittedly, the very same Government Order was
challenged before the Division Bench and this Court, passed the
following order:
“ By consent of both sides, the writ petition itself is
taken up for final disposal at the stage of admission itself.
2.Though the petitioner has sought for a larger relief to
quash the impugned order of the first respondent dated
31.12.2024, the learned Senior Counsel for the petitioner
would submit that the petitioner has given his objections
against the proposed merger of Kovilpappakudi Village with
the Madurai Municipal Corporation and that he would be
satisfied if his objections are directed to be considered.
3.Mr.S.Vinayak, learned Standing Counsel, who accepts
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notice for the Madurai Corporation submits that the
notification was issued on 31.12.2024 and six [6] weeks time
has been given for filing of objections and the six [6] weeks
period is yet to expire.
4.In the light of the submissions made by the learned
Senior Counsel appearing for the petitioner, liberty is hereby
granted to the petitioner to further give his objections within a
period of six [6] weeks from the date of the notification and on
receipt of the same, the respondents shall consider the same
and pass orders on merits and pass appropriate orders in
accordance with law.
5.With the above direction, this Writ Petition stands
disposed of. There shall be no order as to costs.”
6. In the aforesaid order, this Court granted liberty to the
petitioner therein to raise all his objections before the respondents. In
line with the order of the Division Bench, this Court directs the petitioner
to submit all his objections before the respondents within a period of four
weeks from the date of receipt of a copy of this order. The respondents
shall consider such objections and pass appropriate orders in accordance
with law.
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7. With the above direction, this writ petition is disposed of.
No costs. Consequently, connected miscellaneous petitions are closed.
18.02.2025
Index : Yes / No
Internet : Yes / No
PKN
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To
1. The Government of Tamil Nadu,
Represented by its Principal Secretary,
Municipal Administration and Water
Supply Department,
Fort St. George, Chennai 600 009.
2. The Commissioner of Municipal
Administration and Water Supply Department,
Ezhilagam Annexue Building,
6th Floor, Chepauk, Chennai 600 005.
3. The District Collector / Inspector of Panchayat,
Madurai District, Madurai 625 020.
4. The Commissioner,
Madurai City Municipal Corporation,
Madurai.
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VIVEK KUMAR SINGH, J.
PKN
18.02.2025
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