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Madras High CourtWP/30183/2012dismissed as infructuous

Mrs.Jayanthi v. Special Chief Electoral

2019-12-13Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :13.12.2019

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.No.30183 of 2012 and M.P.No.1 of 2012 Jayanthi

...Petitioner

Vs

1. Special Chief Electoral Officer, Public (Elections.II) Department, Secretariat, Fort St.George, Chennai - 600 009.

2. The District Election Officer and Commissioner, Corporation of Chennai, Chennai, Chennai-600 003.

3. The District Election Officer and Collector, Kancheepuram District, Kancheepuram.

4.P.Mohan raj

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking for an issuance of a writ of Mandamus to direct the second and third respondents to hold an enquiry against the fourth respondent on a letter reference No.4620/2012 -2 dated 14.08.2012 issued by the first respondent on the representation dated 24.07.2012 made by the petitioner to the first respondent.

For Petitioner : Mr.David Tyagaraj For Respondent : Mr.Niranjan Rajagopalan Nos.1 to 3 for M/s.G.R.Associates

ORDER

The learned counsel for the respondents submits that the matter has now become infructuous. He brought to the notice of this Court that a letter addressed to him by District Election

Officer and Commissioner, Corporation of Chennai, dated 26.11.2012 and the relevant portion of the said letter reads as follows:

"4.However, Thiru Mohan Raj along with his letter dated 22.09.2012 has filed an application in Form 7 to delete his name from the Electoral Rolls from the address at Door No.54/T2, Kumaran Apartments, First Avenue, Ashok Nagar, Chennai - 600 083 because of shifting his residence to Door No.54, M.G.R.Nagar 5th Street, Panaiyur, Chennai - 600 119.

The Assistant Electoral Registration Officer and Assistant Revenue Officer, Zonal Office - X, Corporation of Chennai has reported that the claimant i.e. Thiru P.Mohan Raj is not residing at Door No.54/T2, Kumaran Apartments, First Avenue, Ashok Nagar, Chennai - 600 083 and recommended to delete his name on 28.09.2012. The Electoral Registration Officer has passed orders to delete the name of Thiru P.Mohan Raj from the Electoral Rolls in No.24. Thiyagarayanagar Assembly Constituency (in part No.67, Section -1, Sl.No.330) on 14.10.2012.

Accordingly, the name of Thiru P.Mohan Raj will be marked as deleted in the Final List of Amendments to be published on 10.01.2013."

2.The learned counsel for the petitioner submits that he is unable to get instructions regarding the present status of the matter.

3.Recording the submission of the learned counsel of the respondents and the observations referred in the letter dated 26.11.2012 of the District Election Officer and Commissioner, Corporation of Chennai, the writ petition is dismissed as infructuous.

s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar

To

1. Special Chief Electoral Officer, Public (Elections.II) Department, Secretariat, Fort St.George, Chennai - 600 009.

2. The District Election Officer and Commissioner, Corporation of Chennai, Chennai, Chennai-600 003.

3. The District Election Officer and Collector, Kancheepuram District, Kancheepuram.

+1 CC to M/s.G.R. Associates sr 104119.

+2 Ccs to Mr. David Tyagaraj, Advocate sr 103778. W.P.No.30183 of 2012 and M.P.No.1 of 2012 SP(05/02/2020)