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Madras High CourtWP/5948/2017dismissed as infructuous

A.Natarajan, v. The Secretary To Government,

2023-02-03Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and W.M.P.Nos.6379 & 6380 of 2017

1. A.Natarajan .. Petitioner in W.P.No.5948 of 2017

2. V.Angappan .. Petitioner in W.P.No.5949 of 2017

Versus

1. The Secretary to Government Municipal Administration and Water Supply Department Fort St.George, Chennai - 600 009 2.The Commissioner Tamil Nadu State Election Commission 208/2, Jawaharlal Nehru Street Chennai - 600 106 3.The Commissioner of Municipal Administration Ezhilagam Buildings Chepauk, Chennai 4.The Commissioner Salem City Municipal Corporation Salem .. Respondents in all Wps Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, forbearing the respondents from rejecting the nomination to be filed by the petitioner for the Salem City Municipal Corporation Local Body Elections on the ground that the petitioner is a Licensed Building Surveyor in accordance with the Coimbatore City Municipal Corporation Act, 1981.

For Petitioners : Mr.N.K.Ponraj (in both WPs) 1/4

For Respondents : Mr.K.M.D.Muhilan for R1 & 3 Additional Government Pleader No appearance for R2 Mr.N.Devi for R4 COMMON ORDER These Writ Petitions have been filed seeking to forbear the respondents from rejecting the nomination to be filed by the petitioner for the Salem City Municipal Corporation Local Body Elections on the ground that the petitioner is a Licensed Building Surveyor in accordance with the Coimbatore City Municipal Corporation Act, 1981.

2. The learned counsel for the petitioners submitted that these writ petitions have been filed challenging the rejection of nomination to the local body elections held in the year 2016 and hence, nothing survives for adjudication in these writ petitions.

3. Such view of the matter, since, the election had already over and subsequent elections are already conducted, the remedy of the petitioners lies only by way of election petition not by way of writ petition.

4. Accordingly, these writ petitions stands dismissed as infructuous. No 2/4

costs. Consequently, connected miscellaneous petitions are closed. 03.02.2023 Speaking Order : Yes/No : Yes/No dhk To

1. The Secretary to Government Municipal Administration and Water Supply Department Fort St.George, Chennai - 600 009 2.The Commissioner Tamil Nadu State Election Commission 208/2, Jawaharlal Nehru Street Chennai - 600 106 3.The Commissioner of Municipal Administration Ezhilagam Buildings Chepauk, Chennai 4.The Commissioner Salem City Municipal Corporation Salem N. SATHISH KUMAR, J.

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