P.Balakrishnan v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.10.2022

CORAM

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR Writ Appeal No.482 of 2022 Dr.P.Balakrishnan ..

Appellant Vs.

1. The State of Tamil Nadu Rep. by its Chief Secretary Fort St. George Secretariat, Chennai.

2. The State of Tamil Nadu Rep. by its Principal Secretary Department of Health and Family Welfare Secretariat, Chennai.

3. The Tamil Nadu Medical Council Rep. by its Registrar New No.914, Old No.569 Poonamallee High Road Arumbakkam, Chennai 600 106.

4. The Administrator / Election Officer Tamil Nadu Medical Council New No.914, Old No.569 Poonamallee High Road Arumbakkam, Chennai 600 106.

5. Dr.Senthil

6. Dr.Jeyasingh

7. Dr.Thiyagarajan

8. Dr.Dhalapathy

9. Dr.Sadagopan 10.Dr.Ponnuraj 11.Dr.R.V.S.Surendran ..

Respondents Prayer: Appeal under Clause 15 of Letters Patent against the order dated 13.12.2021 made in W.P.No.1820 of 2019. For the Appellant : Mr.C.Kanagaraju For the Respondents : Mrs.R.Anitha Special Government Pleader for Respondents 1 & 2 Mr.V.Ayyadurai Senior Counsel For Mr.G.Sankaran for Respondents 3 & 4

JUDGMENT

(Delivered by the Hon'ble Acting Chief Justice) This writ appeal is directed against the order dated 13.12.2021 made in W.P.No.1820 of 2019.

2. When the matter is taken up, Mr.V.Ayyadurai, learned Senior Counsel appearing for the respondents 3 and 4 submitted that the

tenure of the office bearers, against whom suit and writ petitions have been filed to declare the election as null and void, has come to an end and therefore, the challenge to the election has become infructuous. He further submitted that the appellant has filed his nomination subsequent to the notification for election.

3. In view of the above, nothing survives in the writ appeal. Accordingly, the writ appeal fails and the same is dismissed. There will be no order as to costs. Consequently, CMP Nos.3466 and 9810 of 2022 are also dismissed.

(T.R., ACJ.) (D.K.K., J.) 31.10.2022 Index : Yes/No kpl To

1. The Chief Secretary Fort St. George Secretariat, Chennai.

2. The Principal Secretary Department of Health and Family Welfare Secretariat, Chennai.

3. The Registrar Tamil Nadu Medical Council New No.914, Old No.569 Poonamallee High Road Arumbakkam, Chennai 600 106.

4. The Administrator / Election Officer Tamil Nadu Medical Council New No.914, Old No.569 Poonamallee High Road Arumbakkam, Chennai 600 106.

T.RAJA, ACJ, and D.KRISHNAKUMAR,J (kpl) 31.10.2022