R. Dhuriyian, v. The Chief Election

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 06.01.2023

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.31499 of 2015 and M.P.No.1 of 2015 R.Dhuriyian ... Petitioner Vs

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

2. The State Election Commissioner, Tamilnadu State Election Commission, No.208/2, Jawaharlal Nehru Salai, Arumbakkam, Opp. To Koyambedu Bus Stand, Chennai - 600 016.

3. The District Collector,

4. The Superintendent of Police,

5. The District Revenue Officer,

6. Modiparishad rep. by T.Balasubramniya Adithyan office at Ellis Road, Four Road Junction, Vazhuthareddy, Villupuram.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing respondents 1 to 5 to take appropriate action against the 6th respondent forbearing him from using LOTUS symbol for their organization called Modiparishad in any mode by considering the petitioner's representation dated 29.09.205 given to respondents 2 to 4. For Petitioner : No appearance For Respondents : Mr.Veda Bagath Singh Special Government Pleader - R3 to R5 No appearance - R2

O R D E R

There is no appearance for the petitioner and as rightly pointed out by the learned Special Government Pleader for R3 to R5, the prayer of the petitioner in this Writ Petition is not liable to be entertained.

2. The petitioner seeks relief by way of mandamus directing respondents 1 to 5 to take appropriate action against R6, which is an entity by name Modiparishad, and forbearing it from using the Lotus symbol for their organization.

3. R6 is unrepresented and the petitioner has not taken steps to serve it. In any event, R6 is a private organisaction and from a perusal of the Writ Petition, it is seen that no case has been made out in support of the prayer made or relief sought.

4. Recording this, this Writ Petition is dismissed. No costs. Connected Miscellaneous Petition is also dismissed.

06.01.2023 Index : Yes / No Speaking/non-speaking Order sl To

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

2. The State Election Commissioner, Tamilnadu State Election Commission, No.208/2, Jawaharlal Nehru Salai, Arumbakkam, Opp. To Koyambedu Bus Stand, Chennai - 600 016.

3. The District Collector,

4. The Superintendent of Police,

Dr.ANITA SUMANTH,J.

Sl

5. The District Revenue Officer, W.P.No.31499 of 2015 and M.P.No.1 of 2015 06.01.2023