M.Elumalai v. The Tamil Nadu State Election Commission,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.03.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.6948 of 2020 M. Elumalai ... Petitioner Vs.

1.The Tamil Nadu State Election Commission State Election Commission, 208/2, Jawaharlal Nehru Road (100 Feet Road) Arumpakam, Chennai - 600 106.

2.The District Collector, District Collector Office, Cuddalore.

3.The Block Development Officer, The Block Development Office, Ulundurpet Panchayat Union, Kallakurichi Taluk & District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of writ of mandamus, directing the respondents as per the petitioner's representation dated 23.12.2019 to declare the Vadamampakkam, Ulundurpet Panchayat Union, Kallakurichi Taluk & District as general constituency within time frame.

For Petitioner : MS. A. Malathi Devapriyam For Respondents : Mr. B. Neduacheziyan, for R1 Standing Counsel Mr. V. Jayaprakash Narayanan, for R2 & R3 Government Pleader

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the respondents to act upon the representation made by the petitioner on 23.12.2019 and to declare the constituency as a general constituency. 1/3

2.

The petitioner as a resident of Vadamampakkam, which comes within the Ulundurpet Panchayat Union. According to the petitioner, there is not even a single person belonging to the Schedule Tribe or Schedule Caste in the said constituency and in spite of the same, the respondents have declared the concerned ward as a reserved constituency for Schedule Tribe. The petitioner therefore, gave a representation to the respondents to declare the ward as a general ward and not to reserve it for Schedule Tribe.

3.

Heard Ms. A. Malathi Devapriyam learned counsel for the petitioner, Mr. B. Nedunchezhiyan, learned Standing Counsel for R1 and Mr. V. Jayaprakash Narayanan, learned Government Pleader for R2 & R3.

4.

The learned counsel appearing for the respondents submitted that already a report has been received from the RDO, Thirukovilur with regard to the population that is available in the concerned ward. The learned counsel further submitted that the respondents have been informed that no one belonging to the ST Community are residing in the Village. Based on this report, the respondents are in the process of taking further action and they are not going to reserve this ward for ST Community. 5.

In view of the specific stand taken by the respondents, the submissions made by the learned counsel appearing on behalf of the respondents is recorded and the writ petition is closed. No costs.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar AT To 1.The Tamil Nadu State Election Commission State Election Commission, 208/2, Jawaharlal Nehru Road (100 Feet Road) Arumpakam, Chennai - 600 106.

2/3

2.The District Collector, District Collector Office, Cuddalore.

3.The Block Development Officer, The Block Development Office, Ulundurpet Panchayat Union, Kallakurichi Taluk & District.

+1 cc to M/s.A.Malathidevapriyam Advocate sr24023 +1 cc to the Government Pleader sr24301 W.P.No.6948 of 2020 rgn(co) aa03/06/2020 3/3