V.Velmurugan v. Tamil Nadu State Election

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2020

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.NO.686 OF 2020 AND W.M.P.NO.817 OF 2020 V.Velmurugan ... Petitioner -vs1. The Tamil Nadu State Election Commission, Rep. by it's Secretary, 208/2, Jawaharlal Nehru Road, Opp. CMBT, Arumbakkam, Chennai - 600 106.

2. The District Election Officer and District Collector, Cuddalore District, Cuddalore.

3. The Returning Officer/ Block Development Officer, Kattumannarkovil Panchayat Union, Kattumannarkovil, Cuddalore District.

4. P. Senthil ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents First to Third to recount th polled votes for the post of 5th Ward Member of Pazhanjanallur Village Panchayat, Kattumannar Kovil Panchayat Union, Cuddalore District in the presence of the candidates and their agents with police protection and the entire counting process to be videographed and consequently direct the Third Respondent to declare the result of 5th Ward Member of Pazhanjanallur Village Panchayat.

For Petitioner :

Mr.M.R.Jothimanian For Respondents:

Mr.AR.L.Sundaresan, Senior Counsel assisted by Mr.B.Nedunchezhiyan, Learned Standing Counsel (for R1) Mr.V.Jayaprakash Narayanan, Government Pleader (for R2 and R3)

O R D E R

Mr.AR.L.Sundaresan, Learned Senior Counsel assisted by Mr.B.Nedunchezhiyan, Learned Standing Counsel takes notice for the First Respondent, Mr.V.Jayaprakash Narayanan, Learned Government Pleader takes notice for the Second and Third Respondents.

2.

When it is pointed out by the Learned Senior Counsel appearing for the First Respondent that the Petitioner has got an effective alternative remedy by way of election petition under Section 258 of the Tamil Nadu Panchayats Act, 1994, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to resort to the same and he has also made an endorsement to that effect, which is recorded.

3.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS I) //True Copy// Sub Assistant Registrar dm To

1. Secretary, The Tamil Nadu State Election Commission, 208/2, Jawaharlal Nehru Road, Opp. CMBT, Arumbakkam, Chennai - 600 106.

2. The District Election Officer and District Collector, Cuddalore District, Cuddalore.

3. The Returning Officer/ Block Development Officer, Kattumannarkovil Panchayat Union, Kattumannarkovil, Cuddalore District.

+1cc to Mr.M.R.Jothimanian, Advocate, S.R.No.7609 +1cc to the Government Pleader, S.R.No.8646 W.P.No.686 of 2020 and W.M.P.No.817 of 2020 VSNII(CO) CS/13/02/2020