1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2011 C O R A M THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.(MD)No.1900 of 2011 and M.P(MD)No.1 of 2011 A.Kondavellai : Petitioner -Vs-. 1.The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai. 2.The Director of Town Panchayat, Kuralagam, Chennai. 3.The Assistant Director of Town Panchayat (Collector), Madurai Region, Madurai. 4.The Executive Officer, Vadipatti Selection Grade Town Panchayat, Vadipatti, Madurai District. 5.Krishnaveni 6.M.Chidambaram : Respondents (Respondent No.6 impleaded as party respondent as per the order of the Court dated 19.04.2011 in M.P.(MD)No.2/2011) Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first and second respondents to remove the fifth respondent in her Chairman post in the fourth respondent's Municipality by way of disqualification and pass such further orders. For Petitioner : M/s.M.Venkatesan For Respondents : Mr.TR.Janarthanam 1 to 3 Additional Government Pleader For Respondent 4 : Mr.R.Manoharan For Respondent 5 : Mr.M.Ramasamy For Respondent 6 : Mr.V.Pandian ORDER The petitioner, who is a resident of the fourth respondent Town Panchayat, has come forward with this writ petition on the main ground https://hcservices.ecourts.gov.in/hcservices/ 2 that contract works in the Town Panchayats have been allotted by the fifth respondent/Chairman of the Town Panchayat to her husband's own brother. 2. According to the petitioner, granting contract works of the Town Panchayat to the family members of the Chairman automatically disqualifies the Chairman to hold the said post. She has misused her position in granting the contract works to her husband's own brother. In this connection, the petitioner has made a representation to the respondents 1 to 3 to initiate necessary action against the fifth respondent for the wrongful acts done by her. Since the petitioner's representation dated 28.01.2011, has not evoked any response, the petitioner has come forward with the above stated prayer. 3. The fifth respondent/the Chairman of the Town Panchayat and the sixth respondent, who is her husband's brother had filed counter. In the counter, both the respondents 5 and 6 have admitted that the contract works have been given to the sixth respondent. But, they would only contend that they are not family members and they are leading a separate family and therefore, eligible to participate in the contract and to get the contract works awarded in their favour. Their relationship is also admitted. 4. Under those circumstances, Mr.TR.Janarthanam, learned Additional Government Pleader appearing for the respondents 1 to 3 would contend that the representation of the petitioner will be duly considered in accordance with law. 5. Heard all the parties. By consent of all parties, the main writ petition itself is taken up for disposal. 6. Taking into consideration, the limited scope of the prayer in the writ petition and especially, the petitioner's stand that the contract works have been granted to the close relatives of the fifth respondent/the Chairman of the Town Panchayat, which is accepted by the sixth respondent in his counter, the representation of the petitioner dated 28.01.2011, has to be considered in detail. As the representation is dated 28.01.2011 which has not been considered so far, this Court directs the second respondent who is the competent authority to consider the petitioner's representation dated 28.01.2011, in view of the admission made by the fifth and sixth respondents in their counter, in accordance with law and pass appropriate orders on the same within a period of two months from the date of receipt of a copy of this order after giving an opportunity to the fifth and sixth respondents. With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. srm Sd/- Assistant Registrar[CO] /True copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 TO 1.The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai. 2.The Director of Town Panchayat, Kuralagam, Chennai. 3.The Assistant Director of Town Panchayat (Collector), Madurai Region, Madurai. 4.The Executive Officer, Vadipatti Selection Grade Town Panchayat, Vadipatti, Madurai District. +1 cc to Mr.M.Ramasamy, Advocate SR.No.18440. W.P.(MD)No.1900 of 2011 Dated:14.06.2011 3P/6C RPB 17.06.2011 https://hcservices.ecourts.gov.in/hcservices/