Madras High CourtWP(MD)/5493/2022withdrawn dismissed

V. Iyyappan v. The District Election Officer

2022-03-30Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 30.03.2022 Coram:

THE HONOURABLE MR.MUNISHWAR NATH BHANDARI, Chief Justice and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.(MD).No.5493 of 2022 and W.M.P.(MD).Nos.4450 and 4451 of 2022 V.Iyyappan .. Petitioner Vs.

1. The District Election Officer-cum- District Collector, Kanyakumari District.

2. The Returning Officer-cum- the Executive Officer, Theroor Town Panchayat, Kanyakumari District.

3. Mrs.V.Amutha Rani

4. The Parish Priest, Mount Carmel Church, Ramapuram, Theroor, Kanyakumari District.

.. Respondents Writ Petition.(MD).No.5493 of 2022 filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the records of the impugned Resolution No.2, dated 04.03.2022 passed by the second respondent's Office, quash the same as illegal and consequently direct the second respondent to declare the petitioner as the successful candidate for the post of the Chairman of the Theroor Town Panchayat, Agasteeswaram Taluk, Kanyakumari District. https://hcservices.ecourts.gov.in/hcservices/

For petitioner : Mr.M.Marudhachalam for M/s.Spicy Law Firm For respondents: Mr.S.Sivashanmugam, Standing Counsel for R-1 Mr.R.Shanmugasundaram, Advocate General, assisted by Mrs.R.Anitha, Spl.G.P. and Ms.A.G.Shakeena for R-2

ORDER

(The Order of the Court was made by The Honourable Chief Justice) Learned counsel for the petitioner prays for and is granted permission to withdraw the Writ Petition, with liberty to challenge the Election in question, by maintaining an Election Petition as per the provisions of law. He has also made an endorsement to that effect on the petition. Accordingly, the Writ Petition is dismissed as withdrawn, with the said liberty. No costs. Consequently, the miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar cs To

1. The District Election Officer-cum- District Collector, Kanyakumari District.

2. The Returning Officer-cum- the Executive Officer, Theroor Town Panchayat, Kanyakumari District.

+1cc to the Government Pleader, SR.No.21393 W.P.(MD).No.5493 of 2022 AK-II(CO) CB(05/04/2022) https://hcservices.ecourts.gov.in/hcservices/