Jeyaraj v. The Govt Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.01.2020
CORAM
THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE T.RAVINDRAN Jeyaraj ... Petitioner Vs.
1.The Government of Tamil Nadu, represented by The Principal Secretary, Department of Rural Development and Panchayat, Fort St. George, Chennai - 600 009.
2.The Tamil Nadu State Election Commission, State Election Commission, 208/2, Jawaharlal Nehru Road, (100 Feet Road), Arumbakkam, Chennai - 600 106.
3.The District Collector, Nagercoil, Kanyakumari District.
4.The Commissioner, Thadikarankonam Panchayat, Thovalai Taluk, Kanyakumari District.
5.The Inspector of Police, Keeriparai Police Station, Kanyakumari District.
6.Franklin ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the second respondent to disqualify the sixth respondent who contested for the post of President for Thadikarankonam Panchayat, Thovalai Taluk, Kanyakumari District, by suppressing the involvement of criminal cases pending against him on the basis of the petitioner's representation dated 16.12.2019.
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For Petitioner : Mr.M.Sankar For Respondents : Mr.K.Chellapandian Additional Advocate General assisted by Mr.VR.Shanmuganathan Special Government Pleader for R.1, R.3 to R.5 Mr.Raja Karthikeyan for R.2
ORDER
[Order of the Court was made by M.DURAISWAMY,J.] The petitioner has filed the above writ petition to issue a writ of mandamus directing the second respondent to disqualify the sixth respondent who contested for the post of President for Thadikarankonam Panchayat, Thovalai Taluk, Kanyakumari District, by suppressing the involvement of criminal cases pending against him on the basis of the petitioner's representation dated 16.12.2019.
2. So far as the relief sought for in the writ petition is concerned, the petitioner has got alternative remedy by way of an election petition under Section 258 of the Tamil Nadu Panchayats Act, 1994. Without exhausting the same, the petitioner filed the writ petition seeking for the said relief, which cannot be entertained by this Court.
3. In such view of the matter, we are not inclined to entertain the writ petition. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. Sd/- Assistant Registrar(AS) // True Copy // / /2020 Sub Assistant Registrar(CS) ssl To 1.The Principal Secretary, Government of Tamil Nadu, Department of Rural Development and Panchayat, Fort St. George, Chennai - 600 009.
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2.The Tamil Nadu State Election Commission, State Election Commission, 208/2, Jawaharlal Nehru Road, (100 Feet Road), Arumbakkam, Chennai - 600 106.
3.The District Collector, Nagercoil, Kanyakumari District.
4.The Commissioner, Thadikarankonam Panchayat, Thovalai Taluk, Kanyakumari District.
5.The Inspector of Police, Keeriparai Police Station, Kanyakumari District.
+1 CC to M/s.SPL.GP ( SR-971 & 1051[F] 09/01/2020 ) +1 CC to M/s.M.SANKAR, Advocate ( SR-575[F] dated 07/01/2020 ) 07.01.2020 KG(CO) TR(22.01.2020)3P 8C 3/3