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Madras High CourtWP(MD)/14392/2021closed

Ramkumar Adityan.B v. Chief Secretary

2021-08-13Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR and W.M.P.(MD)No.11324 of 2021 B.Ramkumar Adityan ... Petitioner Vs.

1.The Chief Secretary, Government of Tamil Nadu, St.George Fort, Chennai-600 009.

2.The District Collector, Thoothukudi District, Thoothukudi-628 101.

3.The Superintendent of Police, Thoothukudi District, Thoothukudi-628 101.

4.The Bishop, C.S.I., Thoothukudi-Nazareth Diocese, Diocese Office, Caldwell School Campus, Thoothukudi-628 001.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to issue appropriate Administrative Guideliness and Instructions to the fourth respondent in the light of the Orders and Press Release of the first respondent to announce the Election Schedule and conduct the Election for the Pastorates, Pastorate Committees and Diocesan Councils of the fourth respondent Diocese. For Petitioner : Mr.S.Sankar For Respondents : Mr.P.Thilakkumar Standing Counsel for the Government for R.1 to R.3 : Mr.V.Lakshmi Narayanan for Mr.J.Kingsly Soleman for R.4 1/3

ORDER

(Order of the Court was made by M.DURAISWAMY,J.) The petitioner has filed the above writ petition as a Public Interest Litigation, to issue a writ of Mandamus, directing the second respondent to issue appropriate Administrative Guideliness and Instructions to the fourth respondent in the light of the Orders and Press Release of the first respondent to announce the Election Schedule and conduct the Election for the Pastorates, Pastorate Committees and Diocesan Councils of the fourth respondent Diocese. 2.The learned Counsel appearing for the petitioner submitted that the apprehension of the petitioner is that during COVID-19 pandemic period, it would be appropriate to postpone the election. 3.Mr.V.Lakshmi Narayanan, learned Counsel representing Mr.J.

Kingsly Solemn, learned Counsel for the fourth respondent, has given an undertaking that the fourth respondent would conduct the election strictly following COVID-19 protocol. 4.Mr.P.Thilakkumar, learned Standing Counsel for the Government, appearing for the respondents 1 to 3 submitted that the third respondent would depute his officers to ensure that the fourth respondent is following COVID-19 protocol, on the date of election ie., on 16.08.2021.

5.In view of the undertaking given by the learned Counsel for the fourth respondent, the learned Counsel for the petitioner submitted that the writ petition may be closed. 6.Having regard to the submissions made by the learned Counsel appearing on either side, recording the submissions made by the learned Standing Counsel for the Government appearing for the respondents 1 to 3 and Mr.V.Lakshmi Narayanan, learned Counsel for the fourth respondent, the Writ Petition stands closed. No costs. Consequently, the connected Miscellaneous Petition is also closed. Sd/- Assistant Registrar (P & A) // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, 2/3

ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Chief Secretary, Government of Tamil Nadu, St.George Fort, Chennai-600 009.

2.The District Collector, Thoothukudi District, Thoothukudi-628 101.

3.The Superintendent of Police, Thoothukudi District, Thoothukudi-628 101.

+1 CC to M/s.The Special Government Pleader ( SR-26354[F] dated 16/08/2021 ) 13.08.2021 RS (27.08.2021) 3P 5C 3/3