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Madras High CourtWP/21090/2024disposed of

Rajappa v. The Commissioner

2024-07-31Honourable The Acting Chief Justice,Honourable Mr Justice K.Kumaresh Babu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2024 CORAM :

THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE K.KUMARESH BABU Rajappa .. Petitioner Vs 1.The Commissioner, Tamil Nadu State Election Commission, No.208/2, Jawaharlal Nehru Road, Arumbakkam, Chennai-600 106.

2.The District Collector, O/o The District Collector, Krishnagiri - Post and District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to conduct enquiry by considering the representation dated 17.6.2024 relating to the issuance of notification of Panchayath President of Ayarnapalli for General Category instead of Scheduled Tribe Category for the upcoming Panchayath Election.

For the Petitioner : Mr.D.Veerasekaran For the Respondents : Mr.Sivashanmugam Standing Counsel for respondent No.1 : Mr.A.Edwin Prabakar State Government Pleader for respondent No.2

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) The petitioner has filed this writ petition seeking issuance of a writ of mandamus to direct the respondents to conduct enquiry by considering the representation dated 17.6.2024 relating to the issuance of notification of Panchayat President of Ayarnapalli for General Category instead of Scheduled Tribe Category for the upcoming Panchayat Election.

2. According to learned counsel for the petitioner, the tenure of the present elected body of Ayarnapalli Panchayat will come to an end in the month of December, 2024 and, therefore, the representation of the petitioner may be directed to be considered by

the respondent authorities at the earliest.

3. Learned counsel for the respondents, in one voice, submitted that the representation of the petitioner has to be considered only by the Delimitation Committee and they will forthwith forward the representation of the petitioner to the Delimitation Committee.

4. In the light of the aforesaid submissions, we dispose of the writ petition with a direction to the first respondent to forthwith forward the representation of the petitioner dated 17.6.2024 to the Delimitation Committee and further direct the Delimitation Committee to consider the said representation of the petitioner and to pass appropriate orders as per law before a notification for the next tenure is issued by the respondents, in respect of the Ayarnapalli Panchayat. There shall be no order as to costs. (D.K.K., ACJ.) (K.B., J.) 31.07.2024 Index :

Yes/No

NC :

Yes/No sasi To:

1.The Commissioner, Tamil Nadu State Election Commission, No.208/2, Jawaharlal Nehru Road, Arumbakkam, Chennai-600 106.

2.The District Collector, O/o The District Collector, Krishnagiri - Post and District.

THE HON'BLE ACTING CHIEF JUSTICE AND K.KUMARESH BABU,J.

(sasi) 31.07.2024