Pandiarajan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2022
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD).No.877 of 2022 and W.M.P(MD)Nos.710, 711, 712 and 722 of 2022 Pandiarajan ... Petitioner Vs.
1.The District Collector, Sivagangai District, Sivagangai.
2.The Block Development Officer, Sakottai Panchayat, Sivagangai District.
3.The Tahsildhar, Karaikudi, Sivagangai District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the impugned proceedings of the third respondent in Na.Ka.A2/7041/2021, dated 14.12.2021 and dated 05.01.2022 in respect of the Sankarapuram Panchayat, Sakottai Union, Sivagangai District and quash the same.
For Petitioner : Mr.AL.Kannan For R1 : Mr.N.Satheesh Kumar Additional Government Pleader For R2 & R3 : Mr.Natraj Government Advocate
ORDER
On 19.01.2022, this Court, after hearing Mr.V.R.Shanmuganathan, the learned Counsel for the petitioner and Mr.N.Satheesh Kumar, learned Additional Government Pleader had directed the third respondent/Tahsildar, Karaikudi, Sivagangai District to adhere to procedure established in manner known to law and directed that the elections should proceed.
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2. A report has been filed with respect to the election process. The report dated 25.01.2022 in Na.Ka.A2/7041/2021, has been forwarded to the Registrar, Madurai Bench of Madras High Court through R.Manickavasagam, Tahsildar, Karaikudi. The report is in original and thereafter, necessary records relating to the election process had also been filed.
3. In the report, it had been stated that nine (9) members voted in favour of the no confidence motion and six (6) members voted against the no confidence motion.
4. I am confident that necessary precautions had been taken and elections had been conducted in manner known to law and in manner as stipulated by law. Therefore, the report is taken on record. The report has been forwarded to the Court in a sealed cover and it is opened in the Court.
5. The relief in the writ petition itself, was for a limited purpose to ensure that the said no confidence motion is conducted in manner known to law. Though, it had been filed in the nature of Certiorarified Mandamus, the learned counsel had stated that a direction may be issued regarding the manner in which the elections has to be conducted. The report is therefore taken on record and placed along with the Court records. The Registry may issue the certified copy of the report alone if at all, sought by any of the counsel.
6. No further adjudication is required, the writ petition is dismissed. No costs. Consequently, the connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar (CS II) // True Copy // / /2022 Sub Assistant Registrar(CS) Sn Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The District Collector, Sivagangai District, Sivagangai.
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2.The Block Development Officer, Sakottai Panchayat, Sivagangai District.
3.The Tahsildhar, Karaikudi, Sivagangai District.
+1 CC to M/s.VR.SHANMUGANATHAN, Advocate ( SR-3001[F] dated 28/01/2022 ) +1 CC to M/s.SPL.GP ( SR-2811[F] dated 28/01/2022 ) W.P(MD).No.877 of 2022 27.01.2022 MGJ(09.02.2022) 3P 6C 3/3