CHENNAI: The notifications of the Municipal Administration and Water Supply department, issued in September and October last year and January this year, which merged Tiruverumbur Town Panchayat with Tiruchy City Municipal Corporation, were upheld by the Madras High Court on Thursday.“The delimitation order, which has been notified in the gazette, shall have the force of law and shall not be called in question before any court and Article 243ZG of the Constitution operates as a bar for entertaining a writ petition and the writ petition is not maintainable,’’ the first bench comprising Chief Justice MY Eqbal and Justice TS Sivagnanam said.The bench was allowing a writ apeal from the municipal secretary and commissioner challenging an order dated September 21 last of Justice N Kirubakaran, who set aside the notices on the ground that they were not published in newspapers.The bench said that the decision was first initiated by the government as required under the first provision to Sec 3(1) of the Tiruchirapalli City Municipal Corporation Act. GO dated September 28, 2010 of the Municipal Administration department was only a proposal to alter the Tiruchy city limits to include Tiruverumbur and other panchayats within its limits and it was not a final decision. There was no provision under Sec 459 of the Coimbatore City Municipal Corporation Act, compelling the government to publish the notifications when there was no specific order by the government exercising the power under the provisio to sec 459. Further, the provisions of Sec 461 were subject to Sec 459 of the Coimbatore Corporation Act, the bench said.
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