Madras High CourtWP(MD)/1421/2017disposed of

O.Yosan v. The Secretary,

2017-02-27Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 27.02.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P(MD)No.1421 of 2017 and W.M.P.(MD).No.1165 of 2017 O.Yosan ..Petitioner Vs 1.The Secretary, Election Commission of India, Nirvachan Sadan Ashoka Road, New Delhi-110 001.

2.The Commissioner, Madurai Corporation, Arignar Anna Maligai, Madurai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 2nd Respondent, Madurai Municipal Corporation, to issue the "No Objection Certificate" to the effect that there is no prohibition under the rules and regulations of the authority to set up political party office in the building, where the party office is situated.

For Petitioner : Mr.A.John vincent For R1 : Mr.Murugappan Central Govt. Standing Counsel For R2 : Mr. J.Gunaseelan Muthaih

ORDER

The petitioner seeks for a direction to the 2nd respondent to issue "No Objection Certificate" to the effect that there is no Prohibition under the Rules and Regulations to set up Political Party office in the building, where the party office is situated. 2.The petitioner claims to be the President of a political party under the name and style of "Anaithu makkal neethi katchi". It is stated that the petitioner made an application before the 2nd Respondent/Corporation seeking for "No Objection https://hcservices.ecourts.gov.in/hcservices/

Certificate" for having the above said political party office at number 11, Ahimshapuram, 8th street extension, Sellur, Madurai-625 002.

3.The grievances of the petitioner is that even though the said application was made on 03.09.2016, the 2nd respondent has not passed any order so far.

4.The learned counsel appearing for the 2nd respondent Corporation submitted that orders will be passed on merits and in accordance with law within a short time.

5.Since the 2nd respondent is to consider the application and pass orders on its own merits and in accordance with law, this court is not expressing any view on the claim made by the petitioner.

6.Accordingly the writ petitions is disposed of directing the second respondent to pass orders on the petitioner's applications on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To 1.The Secretary, Election Commission of India, Nirvachan Sadan Ashoka Road, New Delhi-110 001.

2.The Commissioner, Madurai Corporation, Arignar Anna Maligai, Madurai.

+1 cc to MR.A.JOHN VENCENT, Advocate SR.No.11040 +1 cc to MR.R.MURUGAPPAN, Advocate SR.No.11135 +1 cc to MR.J.GUNASEELAN, Advocate SR.No.10901 W.P(MD)No.1421 of 2017 27.02.2017 SMA/PN/09.03.2017:2P/6C https://hcservices.ecourts.gov.in/hcservices/