T.Karventhan v. The Chief Election Commissioner Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.04.2021 CORAM :
The Hon'ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE AND The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.9403 of 2021 T.Karventhan : Petitioner Vs 1 The Chief Election Commissioner of India Nirvachan Sadan Ashoka Road 2 The Chief Electoral Officer of Tamil Nadu, Public (Elections) Department Secretariat Fort St. George Chennai - 600 009.
3 The Union of India Rep by its Secretary The Ministry of Social Justice and Empowerment Shastri Bhavan Dr. Rajendraprasad Road 4 The Registrar General and Census Commissioner Ministry of Home Affairs Government of India Jai Singh Road 5 The Chief Secretary State of Tamil Nadu Secretariat, Chennai - 600 009.
: Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the 1 and 2 respondents to consider the petitioners representation dated 29.3.2021 and to stop the process of being sending the Bill No. 18 of 2021 for accent of the President in favour of the name claim - Devendra Kula Vellalars for a group of 7 divisions from scheduled Caste including Vathiriyar Kadaiyan Kaladi Pannadi
Pallar Devendra Kulathan and Kudumban during the election time and further issuing of any gazette publication related to this matter should not be entertained by the Government For Petitioner : Mr.S.Santhosh Kumar For Respondents : Mr.Niranjan Rajagopalan, for respondents 1 and 2 Mr.V.Jayaprakash Narayanan, State Government Pleader, for 5th respondent Mr.Rajesh Vivekanandan, for respondents 3 and 4
ORDER
(Made by The Hon'ble Chief Justice) The writ petition was, at best, misconceived; but it has now become infructuous.
2. The order sought was to issue a mandamus to stop the process of Bill No.18 of 2021 passed by the Parliament for being sent for the Presidential assent.
3. Such an order could never have been sought and may never be passed. In any event, the Bill has received Presidential assent according to the petitioner.
4. Accordingly, W.P.No.9403 of 2021 is dismissed without going into the merits thereof. There will be no order as to costs.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar sra To 1 The Chief Election Commissioner of India Nirvachan Sadan Ashoka Road
2 The Chief Electoral Officer of Tamil Nadu, Public (Elections) Department Secretariat Fort St. George Chennai - 600 009.
3 The Secretary to Govt. of India The Ministry of Social Justice and Empowerment Shastri Bhavan Dr. Rajendraprasad Road 4 The Registrar General and Census Commissioner Ministry of Home Affairs Government of India Jai Singh Road 5 The Chief Secretary State of Tamil Nadu Secretariat Chennai - 600 009.
+1cc to Mr.K.Ponraj, Advocate, S.R.No.23559.
+1cc to the Government Pleader, S.R.No.23405. +1cc to the Assistant Solicitor General(Govt S.R.No. W.P.No.9403 of 2021 VG-II(CO) CSR 30.04.2021