Muthammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.15 of 2023 and W.M.P(MD)Nos.29 & 30 of 2023 Muthammal ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Sivagangai District.

2.The Tahsildar, Thirupuvanam Taluk Office, Sivagangai District.

3.The Executive Engineer, Public Works Department and Water Resources Department, Saruganiyaru Basin Division, Sivagangai District.

4.The Assistant Executive Engineer, Public Works Department, Water Resources Department, Tiruppuvanam, Saruganiyaru Basin Division, Sivagangai District.

... Respondents 1/4

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned election notification vide proceedings Na.Ka.No.G2/35021/2022 on the file of the first respondent dated 11.11.2022 for conducting election scheduled to be held on 29.12.2022 in respect of Chokkanatheerpu and Thavalaikulam Water Users Sangam and also to withhold the conduct of the elections on 29.12.2022 and quash the same and direct the first respondent to include the petitioner's name and those name of the real land owners and farmers who filed claim petitions to include their name as per established law in the present voter list by considering the objections of the real land owners and farmers.

For Petitioner : Mr.S.Pal Murugesh For Respondents : Mr.B.Saravanan Additional Government Pleader

ORDER

Heard the learned counsel on either side.

2. The petitioner challenges the election notification issued on 11.11.2022. The election was already held on 29.12.2022.

3. The writ petition has been listed for admission only today. The matter has become infructuous. When the main prayer itself has become infructuous, the question of considering the consequential prayer does not arise. Liberty is given to the petitioner to file a fresh writ petition as regards the inclusion of her name in the voter list.

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4. With this liberty to the writ petitioner, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 03.01.203 Index : Yes / No Internet : Yes/ No rmi To 1.The District Collector, Office of the District Collector, Sivagangai District.

2.The Tahsildar, Thirupuvanam Taluk Office, Sivagangai District.

3.The Executive Engineer, Public Works Department and Water Resources Department, Saruganiyaru Basin Division, Sivagangai District.

4.The Assistant Executive Engineer, Public Works Department, Water Resources Department, Tiruppuvanam, Saruganiyaru Basin Division, Sivagangai District.

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G.R.SWAMINATHAN, J.

rmi W.P(MD)No.15 of 2023 03.01.2023 4/4