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2014 DIGILAW 3075 (MAD)

S. Udhayakumar v. Chief Secretary, Government of Tamil Nadu

2014-09-03

M.JAICHANDREN, R.MAHADEVAN

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Judgment : R. Mahadevan, J. 1. This writ petition has been filed praying to direct the fourth and fifth respondents to fill the vacancies for the post of Commissioner of the various Municipalities and Executive Officer of the various Town Panchayats in all over State. 2. Heard Mr.RM.Arun Swaminathan appearing on behalf of the petitioner, Mr.C.Selvaraj, Special Government Pleader for the respondents 1, 2, 4 and 5 and Mr.AK.Baskara Pandian, Special Government Pleader for the third respondent. 3. The learned counsel appearing on behalf of the petitioner would submit that steps have not been taken to fill up the vacancies for the post of Commissioner in the various Municipalities and Executive Officer of the various Town Panchayats in all over State, in view of the announcement of the By-elections for the posts of Mayor and Chairman of the Corporations and Municipalities. 4. Placing reliance on to the Notification No.S.O.No.37/2006/TNSEC/ME dated 29/8/2006 issued by the third respondent, the learned counsel appearing on behalf of the petitioner would submit that every Commissioner of the respective Municipalities and Corporations or Executive Officer of the Town Panchayats or any other Officer of the Government can be appointed as a Returning Officer of the General Election or By-election. But, as on date, various Municipal Commissioner's posts and Executive Officer of the Town Panchayat posts are vacant. Therefore, the entire administration is handled by the Town Planning Officer or Municipal Engineers who are not competent to conduct the By-elections. Hence, the learned Counsel for the petitioner seeks appropriate direction in this writ petition. 5. The learned Special Government Pleader appearing on behalf of the respondents 1 to 3 by referring this writ petition as premature, would submit that the process for appointments have already been initiated and further steps are being taken in this regard. Hence, he seeks the dismissal of the writ petition. 6. On going through the materials on record and upon hearing the learned counsel appearing on behalf of the parties concerned, we are of the considered view that such a vague and omnibus prayer cannot be sustained. 7. In the result, this Writ Petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is also dismissed.