V.Natarajan v. The State Election Commission

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.31230 of 2016 1.V.Natarajan 2.R.Kumaresan 3.D.Gnanasekaran ... Petitioner

Versus

1.The State Election Commission, Represented by the Secretary, No.208/2, Jawaharlal Nehru Road, Arumbakkam, Chennai - 600 106.

2.The District Collector, Kancheepuram District.

3.The District Election Officer/District Collector, Collectorate, Kancheepuram District.

4.The Panchayat Electoral Registration Officer, Kundrathur Union Panchayat, Kancheepuram District.

5.The Tahsildar, Sriperumbudur.

(R5 is suo-motu impleaded as per Order dated 07.09.2016 by N.K.K.J. in W.P.No.31230 of 2016) ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents to consider the petitioners representation dated 30.11.2015 in accordance with the Rule 21 of the Tamil Nadu Panchayat (Election) Rules, 1995.

For Petitioners: Mr.V.Srikanth For Respondents: Mr.B.Neduncheziyan (For R1) Mr.N.Manikandan Government Advocate (For R2 to R5) * * * * *

O R D E R

This writ petition has been filed seeking for issuance of writ of mandamus, directing the respondents to consider the petitioners representation dated 30.11.2015, in accordance with the Rule 21 of the Tamil Nadu Panchayat (Election) Rules, 1995. 2.The grievance of the petitioners is that the electoral voters list published by the second respondent consist of the persons who are not residing in the village and the names of the deceased persons. Hence, the writ petitioners submitted their representation. Since no action was taken, the present Writ Petition is filed.

3.Heard Mr.V.Srikanth, learned counsel appearing for the writ petitioners and Mr.N.Manikandan, learned Government Advocate appearing for the respondents 2 to 5 and perused the records.

4.The learned Government Advocate appearing for the respondents 2 to 5 submitted that based on the direction issued by this Court in W.P.Nos.28466 of 2016 and 31320 of 2016, the Tahsildar, Sriperumbudur conducted enquiry and deleted the names of 82 persons in the electoral voters list.

5.The learned Government Advocate for the respondents 2 to 5 has also produced the letter of the Tahsildar, Thirupathur dated 29.11.2017, for perusal of this Court.

6.The learned counsel appearing for the writ petitioner seeks time to get instruction from the petitioners. However, considering the fact that the respondents had already conducted enquiry and deleted the names of 82 persons from the electoral voters list, this Court is of the opinion that no further adjudication is required in this Writ Petition. 7.Accordingly, the writ petition stands closed. If, the petitioners have any grievance in the preparation of the electoral voters list, they are at liberty to give a fresh representation to the fourth respondent. No costs. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ah

To 1.The State Election Commission, Represented by the Secretary, No.208/2, Jawaharlal Nehru Road, Arumbakkam, Chennai - 600 106.

2.The District Collector, Kancheepuram District.

3.The District Election Officer/District Collector, Collectorate, Kancheepuram District.

4.The Panchayat Electoral Registration Office,r Kundrathur Union Panchayat, Kancheepuram District.

5.The Tahsildar, Sriperumbudur.

+1 cc to M/s.V.Srikanth Advocate sr 11199 +1 cc to M/s.B.Nedunchezhiyan Advocate sr 10899 +1 cc to Govt Pleader sr 11752 W.P.No.31230 of 2016 aa26/02/2018