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[Cites 3, Cited by 0]

Madras High Court

Changeindia vs Government Of Tamil Nadu on 10 August, 2023

Author: P.D.Audikesavalu

Bench: Sanjay V.Gangapurwala, P.D.Audikesavalu

                                                                                 WP No.10640 of 2018

                                           IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED: 10.08.2023

                                                            CORAM

                                    THE HON'BLE MR.SANJAY V.GANGAPURWALA , CHIEF JUSTICE
                                                             AND
                                            THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU

                                                      WP No.10640 of 2018

                     ChangeIndia
                     Rep. by its Director A. Narayanan                      : Petitioner

                                  versus

                     1.Government of Tamil Nadu
                       Rep. by the Chief Secretary
                       Secretariat, Fort St. George
                       Chennai 9

                     2.The Principal Secretary to Government,
                       Rural Development and Panchayat
                       Raj Secretariat, Fort St. George, Chennai 9

                     3.The Principal Secretary to Government
                       Municipal Administration and Water Supply
                       Secretariat, Fort St. George, Chennai 9

                     4.The Commissioner
                       Corporation of Chennai,
                       Rippon Building, Chennai 3

                     5.Ministry of Panchayat Raj
                       Rep. by its Secretary
                       Sardar Patel Bhawan
                       New Delhi 110 001                                    : Respondents


                     Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                        WP No.10640 of 2018

                     Prayer: Petition filed under Article 226 of the Constitution of India for issuance of
                     a Writ of Mandamus directing the respondents to forbear from implementation
                     of any scheme and passing any resolution in respect of any matters which in
                     law have been entrusted to local bodies under Article 243G of the Constitution of
                     India read with the Eleventh schedule and Article 243W of the Constitution of
                     India read with the Twelfth schedule to the Constitution of India until legally
                     elected local bodies are in place.


                     For the Petitioner               :      No appearance

                     For the Respondents              :      Mrs.R.Anitha, Spl.G.P.,
                                                             for respondents 1 to 3

                                                             Mr.A.Arun Babu,
                                                             for respondent No.4


                                                                ORDER

(Made by the Hon'ble Chief Justice) None appears for the petitioner.

2. Heard Mrs.R.Anitha, learned Special Government Pleader, for the respondents 1 to 3 and Mr.A.Arun Babu, for the fourth respondent.

3. The grievance of the petitioner is that until the legally elected local bodies are in place, respondents shall not implement any scheme or pass any resolution in respect of the matters which, in law, have been entrusted to local bodies under Article 243G of the Constitution of India read with the Eleventh Page 2 of 4 https://www.mhc.tn.gov.in/judis WP No.10640 of 2018 Schedule and Article 243W of the Constitution of India read with the Twelfth Schedule to the Constitution of India.

4. Mrs.R.Anitha, learned Special Government Pleader, submits that in the year 2019, elections for the local bodies were held.

5. In view of that, the prayer now does not survive. The Writ Petition stands disposed of. There will be no order as to costs. Consequently, WMP Nos.12584, 12585 and 19605 of 2018 are closed.

                                                                    (S.V.G., CJ.)          (P.D.A., J.)
                                                                                10.08.2023
                     Index                     : Yes/No
                     Neutral Citation          : Yes/No
                     tar


                     To
                     1.The Chief Secretary

Secretariat, Fort St. George, Chennai 9

2.The Principal Secretary to Government, Rural Development and Panchayat Raj Secretariat, Fort St. George, Chennai 9

3.The Principal Secretary to Government Municipal Administration and Water Supply Secretariat, Fort St. George, Chennai 9 Page 3 of 4 https://www.mhc.tn.gov.in/judis WP No.10640 of 2018 THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(tar)

4.The Commissioner Corporation of Chennai, Rippon Building, Chennai 3

5.The Secretary Ministry of Panchayat Raj Sardar Patel Bhawan New Delhi 110 001 WP No.10640 of 2018 10.08.2023 Page 4 of 4 https://www.mhc.tn.gov.in/judis