Kayalvizhi v. The Tamil Nadu State Election

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 2805 of 2020 Kayalvizhi ... Petitioner -vs1. The Tamil Nadu State Election Commissioner, Jawaharlal Nehru Road, Jai Nagar, Koyambedu, Chennai - 600 106.

2. The District Election Officer/The District Collector, District Collectorate, Thiruvarur Post & District.

3. The Panchayat Election Officer/ The Regional Development Officer, Mannargudi Post, Thiruvarur District.

4. Appu @ Jayakumar

5. B.R. Rajesh

6. Desabandhu

7. Sudathirakumar

8. Senthilkumar ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the First Respondent to conduct the enquiry based on the representation dated 10.01.2020 for the violation made in the Ward No. 1, 6, 7, 8 and 9 of Ullikottai Panchayat to the 18th Ward of Mannargudi Panchayat Union under the provisions of Tamil Nadu Panchayat Act and Rules conducted on 27.12.2019. For Petitioner :

Mr. D. Veerasekaran 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) https://hcservices.ecourts.gov.in/hcservices/

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 and 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Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. No costs.

Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar vjt To

1. The Tamil Nadu State Election Commissioner, Jawaharlal Nehru Road, Jai Nagar, Koyambedu, Chennai - 600 106.

2. The District Election Officer/The District Collector, District Collectorate, Thiruvarur Post & District.

3. The Panchayat Election Officer/ The Regional Development Officer, Mannargudi Post, Thiruvarur District.

+1cc to Mr.D.Veerasekaran, Advocate, S.R.No.9446 +1cc to the Government Pleader, S.R.No. 10058 W.P. No. 2805 of 2020 AD(CO) GN(26/02/2020) https://hcservices.ecourts.gov.in/hcservices/