T.Amutha v. The Tamil Nadu State Election

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.02.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 4637 of 2020 and W.M.P. No. 5499 of 2020 T.Amutha ... Petitioner Vs.

1. The Tamil Nadu State Election Commission Rep. By its Secretary No.208/2, Jawaharlal Nehru Road Opp. To CMBT, Arumbakkam Chennai - 106.

2. The District Collector/ District Election Officer Salem District, Salem.

3. The Returning Officer cum Block Development Officer Panamarathupatti Panchayat Union Salem District.

4. Kamala ... Respondents Petition filed under Article 226 of the Constitution of India, for issue of Writ of Mandamus, directing the Respondents 1 to 3 to re-count the votes in respect of the post of District Panchayat Ward Member at 18th Ward of Panamarathuppatti Panchayat Union, Salem District within a reasonable time. For Petitioner :

Mr. A.M.Esakkiappan For Respondents:

Mr. B.Neduchezhiyan (For R1) Mr. V.Jayaprakash Narayanan (For R2 & R3) Government Pleader

O R D E R

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.

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2.

When it is pointed out by the Learned Standing 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Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty.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/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar maya To

1. The Secretary The Tamil Nadu State Election Commission No.208/2, Jawaharlal Nehru Road Opp. To CMBT, Arumbakkam Chennai - 106.

2. The District Collector/ District Election Officer Salem District, Salem.

3. The Returning Officer cum Block Development Officer Panamarathupatti Panchayat Union Salem District.

+1 cc to the Government Pleader sr16750 +1 cc to Mr.A.Esakkiappan Advocate sr16429 W.P. No. 4637 of 2020 aa15/05/2020 2/2 https://hcservices.ecourts.gov.in/hcservices/