M.Bennet Thatheyes v. The Returning Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 17.04.2026
CORAM
THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P(MD)Nos.8254 and 8256 of 2026 M.Bennet Thatheyes ... Petitioner Vs.
1.The Returning Officer, 231 - Colachel Assembly Constituency, (District Adi Dravidar and Tribal Welfare Officer) Kanyakumari District.
2.The Assistant Superintendent of Police, Colachel Sub-Division, Kanyakumari District.
3.The Inspector of Police, Colachel Police Station, Kanyakumari District.
...Respondents
Writ Petition is filed under article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 1st respondent in Roc.No.J1/E-4167659/2025 dated 21.03.2026, quash the same as illegal, and consequently direct the respondents to permit the petitioner to conduct
the wedding reception on 23.04.2026 at St.Xavier Community Hall, Konamkadu, Kanyakumari District.
For Petitioner :Mr.T.Wins For R1 :Mr.M.Lingadurai Special Government Pleader For R2 & R3 :Mr.K.Gnanasekaran, (Cril. side)
ORDER
This writ petition is filed for certiorarified mandamus challenging the order dated 21.03.2026 and consequently direct the respondents to permit the petitioner to conduct the wedding reception on 23.04.2026 at St. Xavier Community Hall, Konamkadu, Kanyakumari District. 2.The petitioner's son is getting married on 23.04.2026 and a wedding reception in connection thereto was also fixed at St. Xavier Community Hall, Konamkadu, Kanyakumari District. After everything was fixed and the petitioner has even distributed the invitations, the date for the Election to the General Assembly of the State of Tamil Nadu is fixed on the same date, that is. 23.04.2026.
3.The community hall that is arranged by the petitioner is within 100 meters of the polling booth. Therefore, by the order impugned in the writ petition dated 21.03.2026, the permission was refused and the petitioner was
advised to conduct the wedding reception at any place with a distance of 200 meters from the polling booth As a matter of fact, the above community hall is at a distance of 100 meters from the polling booth. 4.The learned counsel for the petitioner submitted that the petitioner cannot go anywhere, as every other community hall is booked and already invitation is sent to all the attendees by mentioning the aforesaid community hall.
5.The learned Government Advocate would submit that the pristine process of polling cannot be affected as huge number of people will come and it will take some time for them to remove the Electronic Voting Machine Units and wind up the activity in the polling booth. Sometimes if the people come late, even after the polling hours by letting them form a queue in the polling booth, polling will be conducted even after the polling hours.
6.I have considered the rival submissions made on either side and perused the material records of the case.
7.It is true that the pristine process of polling should not be hampered or affected in any manner whatsoever. At the same time,it can be seen that the polling time ends by 6:00 p.m. The wedding reception was also to start in the evening. In view thereof, this Court suggested that the reception can be started a bit late, that is by 7:00 PM, well after the polling time is over. Upon suggesting the learned counsel appearing on behalf of the returning officer was also requested to get instructions. 8.Today when the matter came up for hearing, it is stated that there can be no objection, if the reception is conducted in a manner not to affect the pending proceedings in the polling booth starting from 7:00 p.m., onwards.
9.In view thereof, this writ petition is ordered on the following terms: (i)The impugned order dated 21.03.2026 shall stand quashed. The petitioner can conduct the reception at the St. Xavier Community Hall, Konamkadu, Kanyakumari District, from 7:00 PM onwards. (ii)In case, if the petitioner has to move in any grocery items or any other things etc, the same shall be done without disturbance of the polling or the polling process.
(iii)The petitioner shall do well to inform all the attendees to come a
bit late after 7:00 p.m., and the reception shall start after 7:00 PM in the manner not to affect any of the activities in the polling booth. (iv)No costs. Consequently, connected miscellaneous petitions are closed.
17.04.2026 NCC:Yes/No Ns To 1.The Returning Officer, 231 - Colachel Assembly Constituency, (District Adi Dravidar and Tribal Welfare Officer) Kanyakumari District.
2.The Assistant Superintendent of Police, Colachel Sub-Division, Kanyakumari District.
3.The Inspector of Police, Colachel Police Station, Kanyakumari District.
D.BHARATHA CHAKRAVARTHY, J.
Ns and W.M.P(MD)Nos.8254 and 8256 of 2026 17.04.2026