P BALACHANDAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has challenged the merger of Thiruverumbur Town Panchayat with the Trichy Municipal Corporation. THE case of the petitioner is that he is residing at Thiruverumbur,which is a Town Panchyatat. By merging the Thiruverumbur Panchayt with Trichy Municipalilty, the Town Panchayat will loose its identity and the Panchayats will be deprived of several beneficial schemes and it would result in affecting the agricultural operation. THErefore, the petitioner challenges the merger.

(2.) MR.Raja Kalilfullah, learned counsel appearing for the petitioner submitted the contentions: 1) A notification which is required to be given under Section 3(1) of the Trichirapalli City Municipal Corporation Act 1994 is subject to previous publication. However, no previous publication has been made. 2) No paper Publication was effected as per Section 461 of Coimbatore City Municipal Corporation Act. 3) The proposal for merger, as per Section 3(1) has to start from the Government, whereas, the process in this case was started by the Commissioner of Trichy Municipality. 4) No area has been mentioned in the notification under Section 3(1) of the Act. 5) The resolution of the Thiruverumbur Town Panchayat and the general public opposing the merger was totally ignored and no opportunity was given to explain about the objections.

(3.) THOUGH the Thiruverumbur Town Panchayat passed a resolution against the merger on 30.8.2010, the District Collector by his report dated 7.9.2010 recommended inclusion of Town Panchayat with Trichy Municipal Corporation. Thereafter a proposal regarding merger was notified by G.O.Ms.No.218 Municipal Administration and Water Supply (Election) Department dated 28.9.2010. By placing the above facts, he would contend that the proposal emanated only from the Government and not from the Commissioner as contended by the petitioner. Later objections were called for by G.O.Ms.No.244 Municipal Administration and Water Supply (Election) Department dated 15.10.2010 within a period of six weeks. As there was no objection received, the notification in G.O.Ms.No.4 Municipal Administration and Water Supply (Election) Department, merging Thiruverumbur Town Panchayat with the City of Tiruchirappalli was issued on 3.1.2011. Consequently by G.O.Ms.No.89 Municipal Administration and Water Supply (Election) Department dated 28.6.2011, number of wards were increased and boundaries were fixed by delimiting the Corporation limit by G.O.Ms.No.108 dated 19.8.2011.