M KUMAR Vs. GOVERNMENT OF TAMIL NADU REP BY ITS SECRETARY RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT

JUDGEMENT

(1.) Member of Communist Party of India (Marxist) and resident of Pocharampatti Village, Erriyur Panchayat Union, has sought for a writ of certiorarified mandamus, pertaining to the clause, in so far as the formation of Kadathur and Eriyur Panchayat Union, shall come into effect only at the time of the next ordinary elections to local bodies mentioned in the Government Gazette Notification, vide No.365, passed in G.O.Ms.No.176, dated 9/12/2013, by Rural Development and Panchayat Raj (PR-II) Department, and to quash the same, as illegal and arbitrary in the light of non-conducting local body election and consequently, direct the respondents, to bring force upon the formation of Kadathur and Erriyur Panchayat Union.

(2.) On an earlier occasion, when the petitioner filed W.P.No.19840 of 2018, for a mandamus, directing the respondents therein, to implement the Government Order, in G.O.(Ms) No.127, Rural Development and Panchayat Raj (PR-II) Department, dated 14/9/2013, with regard to Kadathur and Erriyaur Panchayat Union, within the stipulated time, pursuant to the representation, dated 7/7/2018, this Court, after considering the contents of the said G.O., and implementation thereof, in G.O.Ms.No.176, Rural Development and Panchayat Raj (PR-II) Department, dated 9/12/2013, dismissed the writ petition.

(3.) G.O.Ms.No.127, Rural Development and Panchayat Raj (PR-II) Department, dated 14/9/2013, considered in W.P.No.19840 of 2018, dated 20/8/2018, reads thus:-