Case Note & Summary
The petitioner, S.Gnanavel, filed a writ petition under Article 226 of the Constitution of India seeking a Writ of Certiorari to quash G.O.Ms.No.201 dated 31.12.2024 issued by the first respondent, insofar as it included Kovilpappakudi Village within the limits of Madurai Municipal Corporation. The petitioner had given objections against the proposed merger. During the hearing, the learned Senior Counsel for the petitioner submitted that the petitioner would be satisfied if his objections were directed to be considered. The learned Standing Counsel for the Madurai Corporation submitted that the notification was issued on 31.12.2024 and six weeks' time had been given for filing objections, which period was yet to expire. The Court, by consent of both sides, took up the writ petition for final disposal at the admission stage. The Court granted liberty to the petitioner to give his objections within six weeks from the date of the notification and directed the respondents to consider the same and pass appropriate orders on merits and in accordance with law. The writ petition was disposed of with no order as to costs.
Headnote
A) Constitutional Law - Writ of Certiorari - Consideration of Objections - Petitioner challenged G.O.Ms.No.201 dated 31.12.2024 merging Kovilpappakudi Village with Madurai Municipal Corporation - Court directed respondents to consider petitioner's objections within six weeks and pass appropriate orders - Held that the petitioner's objections must be considered on merits (Paras 2-5).
Issue of Consideration
Whether the petitioner's objections against the proposed merger of Kovilpappakudi Village with Madurai Municipal Corporation should be considered by the respondents.
Final Decision
The Court granted liberty to the petitioner to give his objections within six weeks from the date of the notification and directed the respondents to consider the same and pass appropriate orders on merits and in accordance with law. The writ petition was disposed of with no order as to costs.
Law Points
- Writ of Certiorari
- Consideration of objections
- Merger of village with municipal corporation
Case Details
2025 LawText (MAD) (01) 178
W.P.(MD)No.1714 of 2025 and W.M.P.(MD)Nos.1211 to 1213 of 2025
M.S.Ramesh, A.D.Maria Clete
Mr.T.Lajapathi Roy, Senior Counsel for M/s.Roy and Roy Associates for Petitioner; Mr.P.Thilak Kumar, Government Pleader for Respondents 1 to 3; Mr.S.Vinayak for Respondent No.4
1.The State of Tamil Nadu, 2.The Director of Rural Development and Panchayat Raj, 3.The District Collector, 4.The Madurai Municipal Corporation, 5.The Kovilpappakudi Village Panchayat
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Nature of Litigation
Writ petition challenging the inclusion of Kovilpappakudi Village within Madurai Municipal Corporation limits.
Remedy Sought
Petitioner sought a Writ of Certiorari to quash G.O.Ms.No.201 dated 31.12.2024 insofar as it included Kovilpappakudi Village within Madurai Municipal Corporation limits.
Filing Reason
Petitioner objected to the proposed merger of Kovilpappakudi Village with Madurai Municipal Corporation.
Issues
Whether the petitioner's objections against the merger should be considered by the respondents.
Submissions/Arguments
Petitioner's Senior Counsel submitted that the petitioner would be satisfied if his objections are directed to be considered.
Respondent's Standing Counsel submitted that the notification was issued on 31.12.2024 and six weeks' time for objections is yet to expire.
Ratio Decidendi
The court held that the petitioner's objections against the merger must be considered by the respondents before finalizing the inclusion of the village within the municipal corporation limits.
Judgment Excerpts
By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.
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.
Procedural History
The writ petition was filed on an unspecified date. On 23.01.2025, the court heard the matter and disposed of the petition at the admission stage by consent.
Acts & Sections
- Constitution of India: Article 226
