Madras High CourtWP/5978/2017disposed of

A.Vinayagam, v. The Chief Election

2017-03-10Honourable The Acting Chief Justice,Honourable Mr Justice M. Sundar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 10.03.2017

CORAM

THE HONOURABLE MR. HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HONOURABLE MR. JUSTICE M.SUNDAR W.P. NO. 5978 OF 2017 A.Vinayagam .. Petitioner - Vs -

1. The Chief Election Commissioner of India Election Commission of India Nirvasan Sadan, Ashoka Road New Delhi 110 001.

2. The State Election Commissioner Tamil Nadu State Election Commission 100 Feet Road, Vadapalani Chennai.

3. The President of the Representation Committee, Tamil Nadu Legislative Assembly, Secretariat, Chennai - 9.

4. The Secretary to Government Municipal Administration & Water Supply Department (Election) Secretariat, Chennai - 9.

5. The Joint Secretary Election Department Government of Tamil Nadu Secretariat, Chennai - 9.

6. The Secretary to Government Revenue Department Secretariat, Chennai - 9.

7. The Director Municipal Administration & Water Supply Department (Election) Chepauk, Chennai - 5.

8. The District Collector Office of the District Collector Kanchipuram District Kancheepuram 631 501.

9. The Commissioner Ripon Buildings, Chennai 600 003.

10. The Asst. Commissioner Alandur Zone - 12 New Street, Alandur, Chennai - 16.

11. The Asst. Commissioner Perungudi Zone - 14.

(Camp : Chennai - 91)

12. The Tahsildar Office of the Tahsildar Sholinganallur Taluk Kancheepuram District.

13. The Tahsildar Office of the Tahsildar Alandur Taluk Kancheepuram District.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying this Court to issue a writ of mandamus directing the 1st respondent to dispose of the petitioner's representation dated 4.7.2016 within the time stipulated by this Court. For Petitioner :Mr. A.Ilaya Perumal For Respondents:Mr.M.K.Subramanian for RR-4, 6 to 8, 12 & 13 Mr. Niranjan Rajagopal for R-1 Mr. A.Nagarajan for RR-9 & 10

ORDER

(DELIVERED BY THE HON'BLE ACTING CHIEF JUSTICE) This petition has been filed by the petitioner for a direction on the 1st respondent to dispose of the representation dated 4.7.2016, submitted by the petitioner, within a stipulated time frame.

2. This petition, styled as public interest litigation, is filed by the petitioner, a resident of Ullagaram Village averring that their village is coming within the Alandur Assembly Constituency, which was joined with Tambaram Constituency and, thereafter, Sholinganallur Constituency. It is the averment of the petitioner that before such merger of the constituencies, no opinion was obtained by the Revenue Department. Due to the above negligence of the concerned Department, Ullagaram Village was joined with Madipakkam Village. Due to such joining of the constituencies, the wealth and funds pertaining to Ullagaram Village was misappropriated by the Madipakkam constituency, thereby, negativing the welfare of Ullagaram Village.

In this regard, a paper publication was effected by the Chairman, Representative Committee, Tamil Nadu Legislative Assembly calling upon the aggrieved persons to submit their grievance in respect of public issues, which are not solved and pending for a long time. In furtherance to the said publication, the petitioner submitted his representation on 4.7.2016 to the respondents, but till date, no action has been taken on the said representation. Therefore, the petitioner is constrained to file this petition.

3. Heard the learned counsel appearing for the petitioner.

4. It appears that for certain reasons it was thought fit to to delimit certain constituencies and, thereby, certain villages were put under one constituency. Expressing some apprehension over such an action, the petitioner has filed a representation, on which orders are yet to be passed. Such being the situation, it is too premature for the petitioner to move before this Court without having his representation dealt with in a manner known to law. Therefore, this Court is of the considered view that no orders can be passed on this petition at the present stage, as the present petition itself is premature.

5. Accordingly, this writ petition stands disposed of as premature. However, it is open to the petitioner to approach the authority concerned, who is dealing with delimitation, and submit a representation with regard to his grievance and it is for the authority concerned to pass necessary orders on the said representation submitted by the petitioner in accordance with law after calling for objections from the general public. Sd/- Assistant Registrar //True Copy// GLN Sub Assistant Registrar