B. Venkatasubramanian @ Varathai P.Selvam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.4474 and 4475 of 2023 B.Venkatasubramanian @ Varathai P.Selvam ... Petitioner Vs.

1.The District Collector, Tuticorin.

2.The Executive Engineer, Water Resource Department, Thamirabarani Sub Division, Srivaikuntam, Tuticorin.

3.The Sub Collector, Thoothukudi Revenue Divisional Officer, Tuticorin.

4.The Tahsildar, Taluk Office, Srivaikundam, Tuticorin.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for 1/4

election notification dated 09.02.2023 in Na.Ka.No.P4/553514/2023 issued by the 1st Respondent, to be held on 05.03.2023 under The Tamil Nadu Farmers Management of Irrigation System Act 2000, and quash the same as illegal, and further directing the respondents to conduct election after publication of eligible voters list and conduct the election in a democratic manner. For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.B.Saravanan, Addl. Government Pleader.

ORDER

Heard the learned counsel on either side.

2.The petitioner challenges the impugned election notification dated 09.02.2023 on the ground that he has been illegally excluded from the voters list. If that be so, the petitioner can question the same after the election are over. It is too well settled that when once the election process has already commenced, the Court will not be justified in interfering with the same. 2/4

3.Leaving open all the contentions and defences of the writ petitioner, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

03.03.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:

1.The District Collector, Tuticorin.

2.The Executive Engineer, Water Resource Department, Thamirabarani Sub Division, Srivaikuntam, Tuticorin.

3.The Sub Collector, Thoothukudi Revenue Divisional Officer, Tuticorin.

4.The Tahsildar, Taluk Office, Srivaikundam, Tuticorin.

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G.R.SWAMINATHAN, J.

ias 03.03.2023 4/4