Madras High CourtWP/35829/2019dismissed as withdrawal

K.M.Maruthasalam v. State,

2020-01-13Honourable Mr Justice P.D.Audikesavalu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.01.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 35829 of 2019 and W.M.P. Nos. 36729 and 36731 of 2019 K.M. Maruthasalam ... Petitioner -vs1. State Rep. By the District Collector,

2. The Election Commissioner, Tamil Nadu State Election Commission Inner Ring Road, Jai Nagar, Koyambedu, Chennai - 600 106.

3. The District Election Commissioner- cum- Controller of Elections,

4. The District Revenue Officer,

5. The Block Development Officer / Commissioner, Panchayat Union,.

Pollachi South, Polloachi, Coimbatore District.

6. Mr. Aran @ Aruchamay ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents 1 to 5 conduct re-election for the Post of President, Kolarpatti Panchayat Union, Pollachi South, Pollachi Taluk, Coimbatore District by considering the candidature of the Petitioner as one of the eligible candidate.

For Petitioner : M/s. S.S. Jhothivani For Respondents: Mr. B. Nedunchezhiyan, Standing Counsel (for R2) Mr. V. Jayaprakash Narayanan, Government Pleader (for R1, R3 to R6)

O R D E R

Mr. B. Nedunchezhiyan, Learned Standing Counsel takes notice for the Second Respondent and Mr. V. Jayaprakash Narayanan, Learned Government Pleader takes notice for the First, Third to Sixth Respondents.

When it is pointed out by the Learned Counsel appearing for the Respondents that the Petitioner has got an effective alternative remedy by way of election petition under Section 258 of the Tamil Nadu Panchayats Act, 1994, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to resort to the same and he has also made an endorsement to that effect, which is recorded.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, connected Miscellaneous Petitions are closed. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To

1. The District Collector,