T.Pandian v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.10.2016
CORAM
THE HONOURABLE Mr. JUSTICE M.M.SUNDRESH and THE HONOURABLE Mr. JUSTICE R.MAHADEVAN W.P.No.35100 OF 2016 and W.M.P.No.30253 of 2016 T.Pandian ... Petitioner Vs.
1.District Collector, Villupuram District, Villupuram.
2.Special Deputy Thasildhar, (Elections), Vanur Taluk, Vanur, Villupuram District.
3.Deputy Revenue Officer, Vanur Taluk, Vanur, Villupuram District.
4.Deputy Thasildhar, Vanur Taluk, Vanur, Villupuram District.
5.Village Administrative Officer, Vanur Taluk, Vanur, Villupuram District.
6.Election Commissioner, Puducherry.
7.The Election Commissioner, Tamil Nadu State Election Commission, Arumbakkam, Chennai-600 106.
... Respondents (Respondents NO.7 suo-motu impleaded as per order dt. 04.10.2016) PRAYER: Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus to consider the representation made by the petitioner dated 21.7.2016 and direct the 2nd, 3rd and 5th respondents to remove the bogus names from the voters list.
For Petitioner : Mr.T.G.V.Aravinthan For Respondents: Mr.M.K.Subramanian Govt. Pleader for R1 to R5 Mr.B.Neduchezhian for R7
O R D E R
(Order of the Court was made by M.M.SUNDRESH, J) The petitioner has given a representation on 21.07.2016 alleging about 78 names were find place in the voters list qua the Union Territory of Puducherry as well as in the State of Tamil Nadu. Thereafter, the voters list was published on 01.09.2016. A peace meeting said to have been held on 18.09.2016, followed by another representation of the petitioner on 19.09.2016. Now the present writ petition has been filed seeking writ of mandamus directing respondent Nos.2, 3 & 5 to consider and pass orders on the representation said to have been made by the petitioner on 21.07.2016.
2. There are two difficulties for the petitioner. The first difficulty is that the Election Commissioner, Tamil Nadu State Election Commission, Chennai has not been made as a party to this writ petition. Secondly, last date for submitting the objection is also over. However, taking into consideration of the fact that the petitioner has already given his representation on 21.07.2016, though the voters list was published subsequently on 01.09.2016, without going into the merits of the case, we direct the Election Commissioner, Tamil Nadu State Election Commission to pass appropriate orders on the representation of the petitioner dated 21.07.2016 within a period of one week from the date of receipt of copy of this order. For the said purpose, we implead the Election Commissioner, Tamil Nadu State Election Commission, Arumbakkam, Chennai-600 106 as respondent No.7. Memo of parties be amended accordingly.
3. The writ petition is disposed of with the aforesaid direction. No costs. Consequently, W.M.P.No.30253 of 2016 is closed.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar bbr
To 1.The District Collector, Villupuram District, Villupuram.
2.The Special Deputy Thasildhar, (Elections), Vanur Taluk, Vanur, Villupuram District.
3.The Deputy Revenue Officer, Vanur Taluk, Vanur, Villupuram District.
4.The Deputy Thasildhar, Vanur Taluk, Vanur, Villupuram District.
5.The Village Administrative Officer, Vanur Taluk, Vanur, Villupuram District.
6.The Election Commissioner, Puducherry.
7.The Election Commissioner, Tamil Nadu State Election Commission, Arumbakkam, Chennai-600 106.
(with copy of representation of petitioner dt. 21.07.2016) + 1 cc to Mr.T.G.V.Aravinthan, Advocate Sr.57608 + 1 cc to Government Pleader Sr.57113 W.P.No.35100 of 2016 TRM(CO) EU 07.10.16