Madras High CourtWP(MD)/3091/2022withdrawn dismissed

Thirumalaisamy (M, 42/22) v. The State Of Tamil Nadu

2022-02-17Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.02.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.(MD) No.3091 of 2022 Thirumalaisamy ..Petitioner Vs

1. The State of Tamilnadu rep. by the Chief Electoral Officer Public (Elections) Department Fort St. George, Secretariat Chennai - 600 009.

2. Tamil Nadu State Election Commission rep. by the Tamil Nadu State Election Commissioner Arumbakkam, Chennai.

3. The District Election Officer/District Collector Office of the District Collector Tenkasi District.

4. The Tahsildar Kadaiyanallur Taluk Tenkasi District.

5. The Tahsildar Ottapidaram Taluk Thoothukudi District.

6. The Revenue Divisional Officer Kadaiyanallur Tenkasi District.

7. The Assistant Election Officer/ Block Development Officer Kadaiyanallur, Tenkasi District.

8. The Municipal Commissioner Puliyangudi Municipality Tenkasi District.

9. Vijaya ..Respondents

Prayer: Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus to direct respondents 5 and 6 to conduct enquiry and cancel the community certificate obtained by 9th respondent in certificate number TN5202202021794 issued by 5th respondent dated 5.2.2022 in accordance with law within the stipulated time. For the Petitioner : Mr.R.Alagumani For the Respondents : Mr.S.Sivashanmugam Standing Counsel for 1st respondent : Mr.R.Shunmugasundaram Advocate General assisted by Mr.P.Muthukumar State Government Pleader for respondents 2 to 8

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Learned counsel for the petitioner prays for withdrawal of the writ petition with liberty to approach the competent authority to challenge the caste certificate issued in favour of the 9th respondent on 05.02.2022 and further liberty to file an election petition, if the petitioner remains aggrieved by the result and the acceptance of nomination of the 9th respondent in the category of Scheduled Caste, though it is alleged that she does not belong to the said category.

2. In view of the above, the writ petition is dismissed as withdrawn with liberty as prayed for.

No costs.

Consequently, W.M.P.(MD) No.2710 of 2022 is closed. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar bbr

To:

1. The Chief Electoral Officer State of Tamilnadu Public (Elections) Department Fort St. George, Secretariat Chennai - 600 009.

2. The Tamil Nadu State Election Commissioner Tamil Nadu State Election Commission Arumbakkam, Chennai.