V. Murugesa Pillai v. The Commissioner Cum The
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :22.04.2015
CORAM
THE HONOURABLE MR.JUSTICE.R.MAHADEVAN W.P(MD).No.3630 of 2015 and M.P.(MD).No.1 of 2015 V.Murugesa Pillai ... Petitioner Vs 1.The Commissioner cum the Special Commissioner and Commissioner of Revenue Administration, Disaster Management and Mitigation, Chennai-5.
2.The District Collector, Nagercoil, Kanyakumari District.
3.The Tahsildar, Kalkulam Taluk, Thuckalay, Kanyakumari District.
4.The Village Administrative Officer, Nullivilai "A" Village, Kandanvillai(post) Kanyakumari District.
5.Er.S.S.Anitta Shanthi 6.P.Vaishnavi ... Respondents This Writ Petition has been filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 4 to prepare by rectifying the defects, fresh voters list by including the name of the petitioner in the same for the territorial constituency No.4, Erettai Karai, Madathattuvilai, Kandanvilai, Mallancode Branch Cannels Water Users Association, Code no.037 in Kanayakumari District.
For petitioner : Mr.C.T.Perumal For R.1 to 4 : Mr.N.Manoharan Special Govt.Pleader
For R.5&6 : No appearance *******
ORDER
This Writ Petition has been filed praying for a Writ of Mandamus directing the respondents 1 to 4 to prepare by rectifying the defects, fresh voters list by including the name of the petitioner in the same for the territorial constituency No.4, Erettai Karai, Madathattuvilai, Kandanvilai, Mallancode Branch Cannels Water Users Association, Code no.037 in Kanayakumari District.
2. Mr.N.Manoharan, learned Special Govt.Pleader takes notice for the official respondents.
3. By consent, this Writ Petition itself is taken up for final disposal.
4. The learned counsel appearing for the petitioner would submit that it would be suffice if the appeal of the petitioner is disposed of, by the official respondents, on merits and in accordance with law, within the time stipulated by this Court.
5. The learned Special Govt.Pleader appearing for the respondents 1 to 4 has no objection in disposing of the appeal of the petitioner.
6. It is seen that the petitioner has preferred an appeal under Rule 5 of the Tamil Nadu Farmers' Management of Irrigation Systems Rules 2002. The said appeal is still pending for consideration with the respondents.
7. In view of the above, without going into the merits of the claim made by the petitioner, in the petition, the (*)first respondent is directed to pass appropriate orders on the appeal of the petitioner, dated 17.02.2015, on merits and in accordance with law, after giving notice due opportunity to the petitioner as well as the other interested parties, if any, within a period of two months from the date of receipt of a copy of this order. With the above direction, this Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.
Sd/- Assistant Registrar(Writs) (*)Corrected as per the order of this court dt.02.06.2015 and made herein /True Copy/ Sub-Assistant Registrar
To Substituted the earlier order despatched on 12.05.2015 1.The Commissioner cum the Special Commissioner and Commissioner of Revenue Administration, Disaster Management and Mitigation, Chennai-5.
2.The District Collector, Nagercoil, Kanyakumari District.
3.The Tahsildar, Kalkulam Taluk, Thuckalay, Kanyakumari District.
4.The Village Administrative Officer, Nullivilai "A" Village, Kandanvillai(post) Kanyakumari District.
+One cc to M/s.C.T.Perumal, Advocate, SR.No.21108 +One cc to The Special Government Pleader, SR.No.21327 ssm RL/7c - 8/5/2015 W.P(MD).No.3630 of 2015 NA/SJW/04/06/2015/P3/7C