Madrasdated High Court · 2025

W.P.No.32473 of 2025For Petitioners: Mr.V.Elangovan For Respondents : Dr.T.Seenivasan Special Government Pleader for R1 to R3 Dr.C.E.Pratap Govt. Advocate for R4 & R5 Mr.N.Umapathy for R6O R D E R The writ petition is filed for a writ of mandamus directing the respondents 1 to 3 to take action against the 6th respondent and disqualify the 6th respondent from the post of Chairman of Dharmapuri Municipality based on the complaint of the petitioner dated 11.07.2025 for committing favouritism, corruption and violation in procuring the tender process by permitting the family members of the 6th respondent to participate in the municipality tender by abusing the power as Chairman of Dharmapuri Municipality. 2. With the consent of both side counsels the main writ petition is 3/14 https://www.mhc.tn.gov.in/judis W.P.No.32473 of 2025taken up for final disposal. 3. The petitioner is a registered Class – I contractor under Highways, PWD and Municipality Departments and has been successfully executing the tender works for the past 35 years. The 6th respondent is the Chairman of Dharmapuri Municipality. The act of the 6th respondent in permitting her daughter and son-in-law to participate in the Government Tender falling within her own municipal jurisdiction amounts to a clear case of corrupt practice and constitutes a violation of Tamil Nadu Transparency in Tenders Rules, 2000 thereby amounting to abuse of power. Such conduct of the 6th respondent results in indirect participation and conflict of interest thereby attracting disqualification under Section 12 (6) (c) of Tamil Nadu Urban Local Bodies Act, 1998. In these circumstances, the petitioner submitted a representation on 11.07.2025, to the respondents 1 to 5 seeking appropriate action against the 6th respondent. Although the petitioner's complaint was forwarded to the 2nd respondent by the 4th and 5th respondents, no action was taken. Therefore, the petitioner filed the above writ petition for the aforesaid 4/14 https://www.mhc.tn.gov.in/judis W.P.No.32473 of 2025relief. 4. The learned Special Government Pleader appearing for the respondents 1 to 3 upon instructions submitted that pursuant to the communication of the 5th respondent to the Director of Municipal Administration, Chennai, the petitioner's complaint dated 11.07.2025 had been forwarded to the Regional Director of Municipal Administration, Salem for necessary action. The learned Special Government Pleader further submitted that the Regional Director of Municipal Administration, Salem is seized of the matter and therefore sought for appropriate directions from this Court. 5. Taking into consideration the facts and circumstances of the case and in view of the proceedings of the Director of Municipal Administration, Chennai dated 26.07.2025, this Court is inclined to direct the Regional Director of Municipal Administration, Salem to initiate enquiry on the petitioner's complaint dated 11.07.2025 to complete the enquiry by affording an opportunity of personal hearing to 5/14 https://www.mhc.tn.gov.in/judis W.P.No.32473 of 2025the petitioner as well as to the 6th respondent and thereafter submit the report to the 4th respondent, within a period of eight weeks from the date of receipt of a copy of this order. On receipt of such report, the 4th respondent is directed to pass appropriate orders on merits and in accordance with law, within a period of four weeks thereafter. 6. With the above direction, the writ petition is disposed of. No costs. 25.08.2025dpq Index: Yes/NoSpeaking order / Non speaking order6/14 https://www.mhc.tn.gov.in/judis W.P.No.32473 of 2025To1. The State rep.by itsPrincipal Secretary to Government Municipal Administration and Water Supply Department, Secretariate,Fort St.George, Chennai 600 009.2. The Director of Municipal Administration,M.R.C.Nagar, Chennai 600 028.3. The Commissioner,Dharmapuri Municipality,Dharmapuri District. 4. The Director Vigilance and Anti-Corruption,No.293, M.K.N.Road, Alandur, Chennai 600 018.5. The Superintendent of Police,Western Range, Vigilance and Anti CorruptionChennai 600 016.7/14 https://www.mhc.tn.gov.in/judis W.P.No.32473 of 2025N. MALA, J.dpqW.P.No.32473 of 202525.08.20258/14 https://www.mhc.tn.gov.in/judis W.P.No.32473 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 22-09-2025CORAMTHE HONOURABLE MRS.JUSTICE N. MALAWP No. 32473 of 20251. D.P.ThangarajS/o.P.N.Perumal, No.30-31,Beeman 1st Street, Mathikonpalayam, DharmapuriPetitioner(s)Vs1. State Rep By ItsPrincipal Secretary To Government, Municipal Administration And Water Supply Department, Secretariat, Fort St.George, Chennai-600092.The Diretor Of Municipal AdministrationMrc Nagar, Chennai-600 0283.The CommissionerDharmapuri Municipality, Dharmapuri District4.The DirectorVigilance And Anti Corruption, 9/14 https://www.mhc.tn.gov.in/judis W.P.No.32473 of 2025No.293, M.K.N.Road, Alandur, Chennai-600 0185.The Superintendent Of PoliceWestern Range, Vigilance And Anti Corruption, Chennai-600 0166.LAKSHMIChairman, Dharmapuri Municipality, D.No.15 Ward No.27, Natanmaipuram, Dharmapuri-636 701Respondent(s)For Petitioner(s):V.ElangovanM.P.RajavelayuthamK.A.PrabaharanK.ThanigaivelFor Respondents:Dr.T.Seenivasan, Spl.GP for RR1 to 3Dr.C.E.Pratap, GA[Crl.Side] for RR4 & 5ORDERToday, the above matter is listed under the caption ''For Being Mentioned'' at the instance of the learned counsel for the petitioner.2.The learned counsel for the petitioner submits that this Court vide order dated 25.08.2025, had disposed of the aforesaid writ petition, with certain directions to respondents 2 and 4. However, in paragraph 10/14 https://www.mhc.tn.gov.in/judis W.P.No.32473 of 2025No.5 of the order, it is reflected as if this Court had directed only the 4th respondent to conduct the enquiry and to submit a report and further to pass orders and hence, he prayed for appropriate orders.3.Considering the submissions of the learned counsel for the petitioner, the Registry is directed to replace the below paragraph in the place of paragraph No.5 of the original order and issue fresh copy forthwith:''5.Taking into consideration, the facts and circumstances of the case and in view of the proceedings of the Director of Municipal Administration, Chennai, dated 26.07.2025, this Court is inclined to direct the Regional Director of Municipal Administration, Salem, to initiate enquiry on the petitioner's complaint dated 11.07.2025, to complete the enquiry by affording an opportunity of personal hearing to the petitioner as well as to the 6th respondent and thereafter, submit the report to the respondents 2 and 4, within a period of eight weeks from the date of receipt of a copy of this order. On receipt of such report, the respondents 2 and 4 are directed to pass appropriate orders on merits and in accordance with law, within a period of four weeks thereafter.''22-09-2025APIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No11/14 https://www.mhc.tn.gov.in/judis W.P.No.32473 of 2025To1.State Rep By ItsPrincipal Secretary To Government, Municipal Administration And Water Supply Department, Secretariat, Fort St.George, Chennai-600092.The Diretor Of Municipa AdministrationMrc Nagar, Chennai-600 0283.The CommissionerDharmapuri Municipality, Dharmapuri District4.The DirectorVigilance And Anti Corruption, No.293, M.K.N.Road, Alandur, Chennai-600 0185.The Superintendent Of PoliceWestern Range, Vigilance And Anti Corruption, Chennai-600 0166.LAKSHMIChairman, Dharmapuri Municipality, D.No.15 Ward No.27, Natanmaipuram, Dharmapuri-636 70112/14 https://www.mhc.tn.gov.in/judis W.P.No.32473 of 2025N.MALA J.APWP No. 32473 of 2025 22-09-202513/14 https://www.mhc.tn.gov.in/judis W.P.No.32473 of 202514/14