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Madras High CourtWP(MD)/7557/2021disposed of

R.S.Pa Kaaduvetti Kumar v. The Election Officer Cum Revenue Divisional Officer

2021-04-01Honourable Mrs Justice R. Hemalatha2 pages

W.P.(MD)No.7557 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2021 CORAM :

THE HONOURABLE Mrs.JUSTICE R.HEMALATHA W.P.(MD)No.7557 of 2021 R.S.P.A.Kaaduvetti Kumar, S/o.Sub.Radhakrishnan, District Vice President, Bharathiya Janatha Party, Pudukkottai District.

T.S.No.2738, Shop No.14, Keela Raja Veedhi, Pudukkottai District.

...Petitioner

/Vs./ 1.The Election Officer cum Revenue Divisional Officer, Pudukkottai, Pudukkottai District.

2.The Superintendent of Police, Pudukkottai, Pudukkottai District.

3.The Deputy Superintendent of Police, Pudukkottai, Pudukkottai District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Certiorarified Mandamus, to call for the records of the order dated 30.03.2021 passed by the first respondent in Na.Ka.1086/2021A3 and quash the same and consequently, to grant permission to conduct Motor Cycle Rally from Thiruvappur Sri Muthumariamman Temple throughout the Pudukkottai Assembly Constituency on or before 03.04.2021.

For Petitioner : Mr.K.Baalasundharam For Respondents : Mr.S.Chandra Sekar Additional Public Prosecutor

ORDER

By consent, this Writ Petition is taken up for final hearing at the admission stage itself.

2.Mr.S.Chandra Sekar, learned Additional Public Prosecutor accepts notice for the respondents.

3.Mr.K.Baalsundharam, learned counsel appearing for the petitioner contended that the petitioner's representation dated 30.03.2021 was rejected by the first respondent citing law and order https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.7557 of 2021 problem. He would further contend that he is ready to file another application before the first respondent.

4.Recording the submission made by the learned counsel for the petitioner, the petitioner, if so advised, can file a fresh petition before the first respondent and on receipt of the same, the first respondent is at liberty to pass appropriate orders, based on merits and on findings and in accordance with law, within a period of two weeks from the date of receipt of the representation of the petitioner.

5.With the above observation, this petition is disposed of. No costs.

Sd/- Assistant Registrar (Crl Side) // True Copy // / /2021 Sub Assistant Registrar(CS) sm 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 Election Officer cum Revenue Divisional Officer, Pudukkottai, Pudukkottai District.

2.The Superintendent of Police, Pudukkottai, Pudukkottai District.

3.The Deputy Superintendent of Police, Pudukkottai, Pudukkottai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.BAALASUNDHARAM, Advocate ( SR-15231[F] dated 01/04/2021 ) W.P.(MD)No.7557 of 2021 01.04.2021 svn(CO) KK(01.04.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2