COMMON ORDER

W.P.(MD)No.24078 of 2022 is filed by one P.Jaganathan seeking issuance of a Writ of Mandamus, forbearing the respondents from transacting the Agenda to permit him to continue as a Member of Tirunelveli Corporation Council or not in the meeting proposed to be held on 20.10.2022 till the outcome of the adjudication under Section 62 of the Coimbatore City Municipal Corporation Act, 1981.

2. W.P(MD)No.23981 of 2022 is filed by one M.Muthulakshmi, seeking issuance of a Writ of Certiorari, to quash the impugned Agenda Resolution No.10 of the first respondent, dated 20.10.2022, as illegal.

3. It is alleged that the Petitioner in W.P.(MD)No.24078 of 2022, namely, P.Jagannathan, Ward Member, 30th Ward, Thachanallur Zone, Tirunelveli Municipal Corporation and the Petitioner in the other Writ Petition, namely, M.Muthulakshmi, Ward Member, Ward No.2 of the above said Corporation have not participated in three consecutive meetings of the

https://www.mhc.tnT.giorvu.inn/juedlisveli Corporation and hence, they have to be disqualified, which subject

has been placed as Agenda Resolution No.10 of the first respondent, dated 20.10.2022 of the Corporation. As per Section 59(1) of the Coimbatore City Municipal Corporation Act, 1981, which is also applicable to the Tirunelveli City Municipal Corporation, if any member failed to participate in three consecutive meetings, they will be disqualified from the posts they held and the said subject has been placed in the Tirunelveli Municipal Council Meeting on 20.10.2022.

4. The learned Senior Counsel appearing for the petitioner in W.P.

(MD)No.23981 of 2022 submitted that the Petitioner - M.Muthulakshmi has undergone surgery on 11.08.2022 for her uterus tumor and the Doctor advised her to take bed rest and hence, she could not attend the three meetings consecutively and there is no negligence on the part of the petitioner and the same was not considered by the authorities.

5. The learned Senior Counsel appearing for the petitioner in W.P.

(MD)No.24078 of 2022 submitted that the Petitioner - P.Jagannathan has already undergone bypass surgery in the year 2020 at Kaveri Hospital, Chennai and he is in post-surgical treatment and the Doctor advised him to avoid frequent travelling and to take rest. In the said circumstances, the petitioner was served with a notice in the month of August, 2022 for the meeting, dated 24.08.2022. In the meanwhile, on 20.08.2022, he had developed severe chest pain and after taking preliminary tests, the petitioner has been asked to remain under observation for few days. Hence, he could not attend the meeting of the Council held on 24.08.2022 and the said fact was also intimated to the Commissioner. While so, the second respondent has sent a notice dated 15.09.2022, referring to Section 59(1)(l) of the Coimbatore City Municipal Corporation Act, 1981, which is also applicable to the Tirunelveli City Municipal Corporation and informed that if any Member failed to participate in the three consecutive meetings, he will be disqualified. Further, the second respondent reminded that the petitioner failed to attend the Council Meeting held on 29.07.2022 and 24.08.2022 and called upon him to participate in the next Council Meeting. In the said notice, the date and time of the proposed meeting of the Council for the month of September 2022 was not at all indicated. After enquiry, he came to know that the meeting would likely to be held on 21.09.2022. The petitioner was present at Corporation Office on 21.09.2022. However, due to absence of the Commissioner, the meeting was not conducted on 21.09.2022 and the said fact was also reflected in the local daily newspapers on 22.09.2022. Immediately, on 26.09.2022 the petitioner sent a letter, explaining the facts to the Commissioner and the Assistant Commissioner, Tirunelveli Corporation and requested them to send a notice for future meetings of the Council. While the matter stood thus, the petitioner received a communication dated 13.10.202