Madras High CourtWP(MD)/8558/2022disposed of

Thangaraj .M.T.M v. The District Registrar

2022-04-28Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE and W.M.P.(MD)Nos.6294 and 6295 of 2022 M.T.M.Thangaraj ... Petitioner vs.

1.The District Registrar, Office of the District Registrar, Palayamkottai, Tirunelveli District.

2.The President, Kovilpatti Nadar Uravinmurai Sangam, Kovilpatti, Tuticorin District.

3.The Secretary, Kovilpatti Nadar Uravinmurai Sangam, Kovilpatti, Tuticorin District.

4.V.Nagarajan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to rectify the defects of double entries and common membership numbers in the members list of Kovilpatti Nadar Uravinmurai Sangam before proceeding with the election of the office bearers of the Kovilpatti Nadar Uravinmurai Sangam (Registration No. 23/1955) by considering the representation of the petitioner dated 22.04.2022 For Petitioner :Mr.V.Kathirvel Senior Counsel for Mr.K.Jeyamohan For R1 :Mr.J.John Rajadurai Government Advocate For R2 and R3 :Mr.C.Mayilvahanan Rajendran

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to rectify the double entries and common membership numbers in the members list of Kovilpatti Nadar Uravinmurai Sangam based on the petitioner's representation, dated 22.04.2022 within a time frame to be fixed by this Court. 2.The petitioner has filed documents along with the Writ Petition including the particulars of the members list for 1/3

Kovilpatti Nadar Uravinmurai Sangam. As seen from the members list, there are admittedly, double entries, which has to be rectified. The petitioner has given a representation to the respondents on 22.04.2022 seeking for rectification of the members list before the election under which the date for filing of nomination was fixed on 05.05.2022.

3.The learned Counsel for the respondents 2 and 3, on instructions, would admit that there are some discrepancies in the members list, which has to be rectified. But, he would submit that since election process has already commenced, it will be difficult to consider the petitioner's representation before the election. 4.This Court has perused and examined the members list. As seen from the members list, there are glaring discrepancies. As rightly contended by the learned Counsel for the petitioner, there are double entries and common member numbers in the membership list. Unless and until the same is rectified, no useful purpose will be served, if the election is conducted as per the schedule fixed by the Advocate Commissioner. The petitioner is also interested in participating in the election, but his only grievance is with regard to the discrepancies in the members list.

5.This Court, after giving due consideration to the aforementioned factors, is of the considered view that the it is better and advisable if the election is postponed to enable the respondents 2 and 3 to rectify the defects in the members list. The learned Counsel for the respondents 2 and 3 is also agreeable for postponement of the election and he undertakes to instruct the Advocate Commissioner accordingly. The respondents 2 and 3 are permitted to rectify the membership list by including all the eligible members for the Kovilpatti Nadar Uravinmurai Sangam within a period of two months from the date of receipt of a copy of this order. Only after finalisation of the membership list, the Advocate Commissioner shall issue a fresh election notification for the conduct of the election for the Kovilpatti Nadar Uravinmurai Sangam. 6.With the aforesaid directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3

To The District Registrar, Office of the District Registrar, Palayamkottai, Tirunelveli District.

+1 CC to M/s.K.JEYAMOHAN, Advocate ( SR-22239[F] dated 28/04/2022 ) +1 CC to M/s.C. MAYIL VAHANA RAJENDRAN, Advocate ( SR-22438[F] dated 29/04/2022 ) +1 CC to M/s.SPL. GP ( SR-23065[F] dated 29/04/2022 ) 28.04.2022 KG(CO) KB(13.05.2022) 3P 5C 3/3