Mohamed Ismail S.S.M v. The State Election Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE PARESH UPADHYAY and THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY and W.M.P(MD)No.2163 & 2164 of 2022 S.S.M.Mohamed Ismail .. Petitioner Vs.

1.The State Election Commissioner, Tamilnadu State Election Commission, No.208/2, Jawaharlal Nehru Road, Coimbedu, Chennai - 600 106.

2.The Additional Chief Secretary, Government of Tamilnadu, Municipal Administration, Urban Water Supply Department, St. Fort George, Secretariat, Chennai - 600 009.

3.The District Collector, Thoothukudi District.

4.The Municipal Commissioner, Kayalpattinam Municipality, Thoothukudi District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records of the pertaining to the impugned Press Release No.7/2022 dated 26.01.2022 issued by the 1st Respondent and quash the same as illegal and arbitrary and consequently direct the respondents to be conduct the election after increase the 4th respondent municipality wards up to 40 based on the 2011 population census within the time limit that may be stipulated by this Hon'ble Court and pass such further or other orders.

For Petitioner : Mr.A.D.Ganeshamoorthy For Respondents : Mr.P.Thilakkumar, Government Pleader.

R2 to R4 1/3

ORDER

[Made by PARESH UPADHYAY, J.] By this Public Interest Litigation, the petitioner has interalia prayed for interference in the election for the fourth respondent municipality.

2. After arguing the matter at length and when this Court is not inclined to interfere, learned advocate for the petitioner seeks permission to withdraw this petition.

3. Permission as prayed for is granted. This petition is dismissed as withdrawn. No Costs. CMP would not survive. Sd/- Deputy Registrar (A/c) // True Copy // / /2022 Sub Assistant Registrar(CS) smn/9 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 State Election Commissioner, Tamilnadu State Election Commission, No.208/2, Jawaharlal Nehru Road, Coimbedu, Chennai - 600 106.

2.The Additional Chief Secretary, Municipal Administration, Urban Water Supply Department, Government of Tamilnadu, St. Fort George, Secretariat, Chennai - 600 009.

2/3

3.The District Collector, Thoothukudi District.

+1 CC to M/s.A.D.GANESHA MOORTHI, Advocate ( SR-4908[F] dated 09/02/2022 ) +1 CC to M/s.SPL.GP ( SR-5003[F] dated 09/02/2022 ) 08.02.2022 SR(CO) GC(22.02.2022) 3P 6C 3/3