N.Senthil Kumar, v. The Tamil Nadu State Election Commission,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 2124 of 2020 and W.M.P. Nos. 2483 and 2539 of 2020 N. Senthil Kumar ... Petitioner -vs1.The Tamil Nadu State Election Commission, Rep. by its Secretary, No. 208/2, Jawaharlal Nehru Road, Opp. to CMBT, Arumbakkam Chennai - 600 106.

2.The District Election Officer, 3.The Returning Officer, Village panchayat president election/ Block Development Office, Arani West Panchayat Union, 4.R. Soma Sundaram ... 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 re-count the votes in respect of the post of Ward member of Devikapuram Village in Arani West Panchayat Union, Thiruvannamalai District, within a reasonable time to be fixed by this Court.

For Petitioner :

Mr. R. Madhubala 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) 1/3

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Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty.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 Petitions are closed. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.Secretary, Tamil Nadu State Election Commission, No. 208/2, Jawaharlal Nehru Road, Opp. to CMBT, Arumbakkam Chennai - 600 106.

2.The District Election Officer, 2/3

3.The Returning Officer, Village panchayat president election/ Block Development Office, Arani West Panchayat Union, +1cc to Mr.K.Thirunavukkarasu, Advocate sr.7519 +1cc to Government Pleader SR.NO. 8652 W.P. No. 2124 of 2020 and W.M.P. Nos. 2483 and 2539 of 2020 jp(co) nr 14/02/2020 3/3