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Madras High CourtWP/35444/2016disposed of

A.Robert @ Mallimaran v. The State Election

2017-04-10Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2017

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.No.35444 of 2016 and W.M.P.No.30507 of 2016 A.Robert @ Mallimaran

...Petitioner

Vs.

1.The State Election Commissioner, Tamil Nadu, Chennai.

2.The District Collector, Kancheepuram District, Kancheepuram.

3.The Assistant Director of Town Panchayats, Kancheepuram.

4.The Returning Officer/Executive Officer, Uthiramerur Town Panchayat, Uthiramerur, Kancheepuram District.

...Respondents

Prayer: This writ petition filed under Article 226 of the Constitution of India, to issue a writ particularly in the nature of a writ of Mandamus, directing the respondents to consider the claim of the petitioner of ward II of Uthiramerur Town Panchayat to declare the constituency as allotted to 'General' Category.

For Petitioner : Mr.K.Govindaraj For Respondents : Mr.B.Nedunchezhian (For R1) Mr.S.Diwakar Special Government Pleader (For R2 & R3) Mr.K.Sivakumar (For R4)

ORDER

Heard Mr.K.Govindaraj, learned counsel appearing for the petitioner, Mr.B.Nedunchezhian, learned counsel appearing for the first respondent, Mr.S.Diwakar, learned Special Government

Pleader appearing for the respondents 2 and 3 and Mr.K.Sivakumar, learned counsel appearing for the fourth respondent.

2.The issue involved in this writ petition has already been covered by a judgment rendered by this Court in W.P.No.33984 of 2016 dated 04.10.2016, wherein it was held as follows: "42.....

(viii) The State Government and State Election Commission shall look into and decide about complaints regarding reservation, dereservation of posts, deletion or addition of genuine eligible voters and enrolment of bogus voters, etc., before conducting the election, after issuance of fresh election notifications." 3.In such view of the matter, the petitioner is directed to work out his remedy accordingly. It is needless to state that the authorities concerned will look into the request of the petitioner, if permissible by law.

4.With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar cse To 1.The State Election Commissioner, Tamil Nadu, Chennai.

2.The District Collector, Kancheepuram District, Kancheepuram.

3.The Assistant Director of Town Panchayats, Kancheepuram.

4.The Returning Officer/Executive Officer, Uthiramerur Town Panchayat, Uthiramerur, Kancheepuram District.

+1cc to the Government Pleader Sr.22105 +1cc to Mr.K.Govindaraj, Advocate Sr.22198 W.P.No.35444 of 2016 and W.M.P.No.30507 of 2016 vsn[co] srg 20/04/2017