M.Murugesan v. The State Election Commission

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY and THE HONOURABLE MR.JUSTICE T.RAVINDRAN and W.M.P.(MD) No.1955 of 2020 1.M.Murugesan 2.M.Machavalli 3.Tharmarajan 4.Dhanrajan ... Petitioners -vs1.The State Election Commission Jawaharlal Nehru Road Jai Nagar, Koyambedu, Chennai 2.The District Collector-cum- District Election Officer Madurai District, Madurai 3.The Block Development Officer-cum- Returning Officer Melur Taluk, Madurai ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondent No.1 and 2 to take appropriate action as against the 3rd respondent and the election officials at Booth No.188, Ward No.6, Polling Booth No.74 in Poonchuthi Village, Melur Taluk, Madurai District, and restore the petitioners name in the voters list based on the representation made by the petitioners dated 28.12.2019 and 24.01.2020 within a period that may be stipulated by this Court.

For Petitioner : Ms.P.Krishnaveni For Respondents : Mr.Raja Karthikeyan Standing Counsel for R1 Mr.K.Chellapandian Additional Advocate General assisted by Mr.V.R.Shanmuganathan Special Government Pleader for R2 & R3 1/3

O R D E R

[Order of the Court was made by M.DURAISWAMY, J.] The petitioners have filed the above writ petition to issue a writ of mandamus directing the respondents 1 and 2 to take appropriate action as against the third respondent and the election officials, who were on duty in Booth No.188, Ward No.6, Polling Booth No.74, in Poonchuthi Village, Melur Taluk, Madurai District, and to restore their name in the voters list, based on their representations dated 28.12.2019 and 24.01.2020, within a stipulated period.

2. Mr.K.Chellapandian, learned Additional Advocate General, assisted by Mr.V.R.Shanmuganathan, learned Special Government Pleader, appearing for the respondents 2 and 3 submitted that on receipt of the representations from the petitioners, the second respondent / District Collector, Madurai, has taken steps to restore their name in the voters list, by sending a letter, dated 30.01.2020, to the Assistant Director (Panchayats), Madurai.

3. Since the second respondent has already acted upon the representations made by the petitioners, the learned counsel appearing for the petitioners submitted that recording the submissions made by the learned Additional Advocate General, the writ petition may be closed.

4. In view of the submissions made by the learned counsel appearing on either side, the writ petition is closed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) krk To:

1.The State Election Commission Jawaharlal Nehru Road Jai Nagar, Koyambedu, Chennai 2/3

2.The District Collector-cum- District Election Officer Madurai District, Madurai 3.The Block Development Officer-cum- Returning Officer Melur Taluk, Madurai.

+1 CC to M/s.SPL GP ( SR-5205[F] dated 07/02/2020 ) +1 CC to M/s.P.KRISHNA VENI, Advocate ( SR-5261[F] dated 07/02/2020 ) +1 CC to M/s.RAJA.KARTHIKEYAN, Advocate ( SR-5334[F] dated 07/02/2020 ) and W.M.P.(MD) No.1955 of 2020 06.02.2020 JMN(17.02.2020) 3P : 7C 3/3