Arunagiri.R v. The District Registrar (Administration)

W.P(MD)No.566 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.566 of 2023 and WMP(MD)Nos.567 & 568 of 2023 R.Arunagiri ... Petitioner Vs 1.The District Registrar (Administration), District Registrar Office, Chennai (south zone), Industrial Estate, Guindy, Chennai.

2.Tamilnadu Senaithalaivar Mahajana Sangam, Rep.by its General Secretary, 22, Habibullah Road, T.Nagar, Chennai - 17.

3.K.R.Krishnamoorthy, State President, Tamil Nadu Senaithalaivar Mahajana Sangam, 22, Habibullah Road, T.Nagar, Chennai - 17.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings issued by the 1st respondent order No.3067/E2/2021 dated 07.12.2022 quash the same and consequently direct the 1st respondent to declare the election of the 3rd respondent as state president of the sangam as null and void. For Petitioner : Mr.F.Deepak For Respondents : Mr.S.Shanmugavel, Additional Government Pleader for R1 R2 & R3 - Notice Dispensed with

ORDER

Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the first respondent. Considering the nature of relief to be granted, notice to R2 & R3 is dispensed with.

2.The petitioner questions the impugned order passed by the first respondent and wants this Court to direct the first respondent to declare the election of the third respondent as State President of the petition mentioned Sangam as null and void. The said relief https://www.mhc.tn.gov.in/judis 1/2

W.P(MD)No.566 of 2023 cannot be granted in writ proceedings. The petitioner has to necessarily move the jurisdictional civil court for relief. Granting said liberty to the petitioner, this writ petition is disposed of. If the petitioner files any civil suit as indicated above, the same will be disposed of on merits and in accordance with law after due notice to all the interested parties within a period of eight months from the date of receipt of copy of this order. No costs. Connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS III) (*)Corrected as per the order dated 23.02.2023 Sd/- Assistant Registrar (CS III) // True Copy // /02/2023 Sub Assistant Registrar(CS) SKM (*) TO be substituted the order already despatched on 03.02.2023 To The District Registrar (Administration), District Registrar Office, Chennai (south zone), Industrial Estate, Guindy, Chennai.

(*)Copy to The Section Officer, E.R.Section, Madurai Bench of Madras High Court, Madurai +1 CC to M/s.F.DEEPAK, Advocate ( SR-1727[F] dated 10/01/2023 ) +1 CC to M/s.SPL.GP ( SR-2045[F] dated 11/01/2023 ) W.P(MD)No.566 of 2023 and WMP(MD)Nos.567 & 568 of 2023 10.01.2023 ED(31.01.2023) 2P 4C KB(01.03.2023) 2P 5C https://www.mhc.tn.gov.in/judis 2/2