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Madras High CourtWP/1434/2020dismissed as withdrawal

E.Selvakumar, v. The State Election Commissioner-Tamil Nadu,

2020-02-06Honourable Mr Justice P.D.Audikesavalu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 1434 of 2020 E. Selvakumar ... Petitioner -vs1. The State Election Commissioner - Tamil Nadu, O/o the State Election Commission - Tamil Nadu, Koyambedu, Chennai.

2. The Returning Officer/The District Election Officer, The Collectorate, Tiruvallur District, Tiruvallur.

3. The Assistant Election Officer/Assistant Director (HORT), Panchayat Ward No. 12, Ponnamalle Union, Ponnamalle, Chennai - 600 056.

4. D. Ashokumar ... 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 enquiry and recount the votes so far as relates to the Tiruvallur District, Panchayat Ward No. 12 and declare the result in accordance with the law in the light of the representation given by the Petitioner on 03.01.2020.

For Petitioner :

Mr. R. Sathishkumar 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) Mr. S. Nethaji (for R4) https://hcservices.ecourts.gov.in/hcservices/

O R D E R

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.

2.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty.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

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

1. The State Election Commissioner - Tamil Nadu, O/o the State Election Commission - Tamil Nadu, Koyambedu, Chennai.

2. The Returning Officer/The District Election Officer, The Collectorate, Tiruvallur District, Tiruvallur.

3. The Assistant Election Officer/Assistant Director (HORT), Panchayat Ward No. 12, Ponnamalle Union, Ponnamalle, Chennai - 600 056.

+1cc to Mr.R.Sathish Kumar, Advocate, SR.No.9440. +1cc to Government Pleader, SR.No.10048.

W.P. No. 1434 of 2020 JP(CO) CSR: 19.02.2020 https://hcservices.ecourts.gov.in/hcservices/