Padmadhas. K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.05.2023

CORAM:

THE HONOURABLE Mr. JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.10311 to 10313 of 2023 K.Padmadhas ... Petitioner Vs.

1.The District Collector, Kanyakumari District, Nagercoil.

2.The Sub Collector, Padmanabhapuram, Thuckalay Post, 3.The Special Tahsildar (DRS), Kalkulam Taluk, Thuckalay & Post, 4.The Executive Engineer, Kodayar Irrigation Basin Division, PWD Road, Nagercoil - 1.

1/5

5.The Assistant Executive Engineer, Thuckalay Sub Division, Thuckalay, 6.The Assistant Engineer, Irrigation Section, Eraniel, 7.A.Balasubramaniam ... Respondents Prayer : Writ Petition is filed under Article 226 of Constitution of India, praying for issuance of a Writ of Certiorari, calling for the records of the letter of the 6th respondent vide fbj vz;.,.gp./Nfh.17/114/2023> ehs;: 02.05.2023 permitting the 7th respondent to assume office as the President, Muttom Branch Canal Water Users Association and set aside the same as well as the election of the 7th respondent to the said post. For Petitioner : Mr.M.Viveka For Respondents : Mr.M.Senthil Ayyanan Government Advocate

ORDER

Heard the learned counsel for the petitioner and the learned Government counsel for the official respondents. Issuance of notice to the private respondent is dispensed with.

2/5

2.The petitioner challenges the election of the seventh respondent as President of the petition mentioned Water Users Association. According to the petitioner, the nomination papers of the seventh respondent ought to have been rejected.

3.Since according to the petitioner, the seventh respondent is not eligible to be a member of the Association, the petitioner has to file a civil suit challenging the election. This writ petition will not lie. Granting liberty to the petitioner to move to a jurisdictional civil court for appropriate relief, this Writ Petition is disposed of. No Costs. Consequently, connected miscellaneous petitions are closed.

12.05.2023 NCC: Yes/No Index: Yes/No Internet: Yes/No mrn/cp 3/5

To 1.The District Collector, Kanyakumari District, Nagercoil.

2.The Sub Collector, Padmanabhapuram, Thuckalay Post, 3.The Special Tahsildar (DRS), Kalkulam Taluk, Thuckalay & Post, 4.The Executive Engineer, Kodayar Irrigation Basin Division, PWD Road, Nagercoil - 1.

5.The Assistant Executive Engineer, Thuckalay Sub Division, Thuckalay, 6.The Assistant Engineer, Irrigation Section, Eraniel, 4/5

G.R.SWAMINATHAN, J.

Mrn/cp 12.05.2023 5/5