Farjath Begam, v. The Registrar Of Co-Operative

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.04.2018

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.7576 of 2018 and W.M.P.(MD)Nos.7217 and 7218 of 2018 Farjath Begam : Petitioner Vs.

1.The Registrar of Co-operative Societies, 2.The District Election Officer / Assistant Director, Fishery Development Department (South), 3.The Election Officer, FRD.84, Periyapattinam, Women Fishers Co-operative Society, Periyapattinam, : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to reconsider the petitioner's nomination and revise the selection list by including the petitioner's name in the Selection List by considering the petitioner's representation dated 03.04.2018.

For Petitioner : Mr.J.M.Hassanul Bazari For Respondent No.1 : Mr.U.Karunakarn For Respondents 2 & 3 : Mr.K.Chellapandian Additional Advocate General Assisted by Mr.S.Nagarajan Special Government Pleader

O R D E R

************ The prayer sought for in this writ petition is for a Writ of Mandamus, directing the respondents to reconsider the petitioner's nomination and revise the selection list by including the petitioner's name in the Selection List by considering the

petitioner's representation dated 03.04.2018. 2.Mr.U.Karunakaran, learned Counsel takes notice for the first respondent and Mr.K.Chellapandia, learned Additional Advocate General, assisted by Mr.S.Nagaraj, learned Special Government Pleader takes notice for the second and third respondents. 3.By consent of both parties, the main writ petition itself is taken up for final disposal at the admission stage itself. 4.The limited grievance of the petitioner is that his nomination was wrongfully rejected and hence, he has made a representation dated 03.04.2018 and since, the representation was not considered in time, the present writ petition has been filed seeking for a direction to consider his representation. 5.This Court, exercising its powers under Article 226 of the Constitution of India, may not be justified in giving any finding on the grievance put forth by the petitioner in his representation dated 03.04.2018.

6.Nevertheless, the ends of justice would be met if the respondents are directed to consider the representation on its own merits. At this juncture, it is brought to the notice of this Court that the election is scheduled to be held on 07.04.2018 and therefore, the second respondent is directed to consider the petitioner's representation dated 03.04.2018 on its own merits and pass appropriate orders before the election date. 7.However, it is made clear that this Court does not express any of the views with regard to the petitioner's qualification or disqualification.

8.With the above direction, this writ petition stands disposed of. However, in the circumstances of the case, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

Sd/ Assistant Registrar (AS) /True copy/ Sub Assistant Registrar To 1.The Registrar of Co-operative Societies, 2.The District Election Officer / Assistant Director, Fishery Development Department (South),

3.The Election Officer, FRD.84, Periyapattinam, Women Fishers Co-operative Society, Periyapattinam, +1cc to Mr.J.M.Hassanul Bazari,Advocate, SR.No.60194 W.P.(MD)No.7576 of 2008 06.04.2018 MR KK/SV MMS/06.04.2018/SAR-4/3P-5C