Kombaiyah.P v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 03.03.2023 Pronounced on : 12.05.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.4331 and 4333 of 2023 P.Kombaiyah ... Petitioner Vs.

1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Commissioner / Electoral Officer, Thamirabarani Maruthoor Keelakkal Srivaidundam (Kasba - II) Water Users Association, Thiruvaigundam Taluk, Thoothukudi District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to include the petitioner's name in the electoral roll of Thamirabarani Maruthoor Keelakkal Srivaigundam (Kasba -I) Water 1/4

Users Association and to remove his name from the electoral roll of Thamirabarani Maruthoor Keelakal Srivaigundam (Kasba II) Water Users Association.

For Petitioner : Mr.R.M.Mahesh Kumaravel For Respondents : Mr.A.K.Manikkam, Spl. Government Pleader.

ORDER

Heard the learned counsel on either side.

2.The petitioner questions the impugned election notification for electing Office Bearers of the petition mentioned water users association on the grounds set out in the affidavit filed in support of the writ petition. 3.The grievance appears to be that the petitioner has been erroneously included in Kasba - II Water Users Association electoral list instead of Kasba - I. He has therefore not been able to contest in respect 2/4

of Kasba - I constituency. The petitioner's grievance might as well be justified. But then, the Writ Court will not be justified in interfering with the same at this stage.

4.Leaving open the other remedies of the petitioner to challenge the election result, this writ petition is dismissed. The period from 03.03.2023 to till the date of receipt of copy of this order shall not be counted for the purpose of limitation. No costs. Consequently, connected miscellaneous petitions are closed. 12.05.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Commissioner / Electoral Officer, Thamirabarani Maruthoor Keelakkal Srivaidundam (Kasba - II) Water Users Association, Thiruvaigundam Taluk, Thoothukudi District.

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G.R.SWAMINATHAN, J.

ias 12.05.2023 4/4