Madras High CourtWP(MD)/21706/2017disposed of

R.Ramamoorthy, v. The State Election

2017-11-24Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.21706 of 2017 R.Ramamoorthy ... Petitioner -vs1. The State Election Commissioner, Jawaharlal Nehru Road, Vadapalani, Chennai-600 026.

2. The District Collector, Ramanathapuram District, Ramanathapuram.

3. The Additional Director of Panchayat, Ramanathapuram District, Ramanathapuram.

4. The Revenue Divisional Officer, Paramakudi Revenue Division, Ramanathapuram District.

5. The Tahsildar, Kamuthi Taluk, Ramanathapuram District.

6. The Block Development Officer, Kamuthi Taluk, Ramanathapuram District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the District Collector / Ramnad District / R2 herein to consider the representation of the petitioner dated 27.10.2017 with regard to preparation, rectification and publication of electoral roll for the Panchayat Election under the provisions of the Tamil Nadu Panchayats (Election) Rules, 1995 within a time frame as maybe fixed by this Hon'ble Court.

For Petitioner : Mr.Y.Prakash For Respondents : Mr.Raja Karthikeyan Addl. Govt. Pleader *****

O R D E R

This writ petition has been filed, seeking a direction to the 2nd respondent to consider the representation of the petitioner dated 27.10.2017 with regard to preparation, rectification and publication of electoral roll for the Panchayat Election under the provisions of the Tamil Nadu Panchayats (Election) Rules, 1995.

2. Mr.Raja Karthikeyan, learned Additional Government Pleader takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioner, who is the President of Kamuthi Taluk Maravar Trust, is that as per the census statistics during the relevant period, the population of Pothanpuli Village was 669, whereas the number of electors was 719, as about 57 electors have been residing outside the village. The petitioner, narrating all these facts, had submitted a representation dated 27.10.2017 to the 2nd respondent for suitable modification and rectification of the electoral roll. Since there was no response on the representation, the petitioner is before this Court with the above prayer.

4. The learned Additional Government Pleader appearing for the respondents would submit that the if a reasonable time is granted to the 2nd respondent, the representation of the petitioner will be considered and suitable orders be passed thereon.

5. In view of the above submission, this Court, without going into the merits of the matter, directs the 2nd respondent to consider the representation submitted by the petitioner dated 27.10.2017 and pass necessary orders thereon on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar

To:

1. The State Election Commissioner, Jawaharlal Nehru Road, Vadapalani, Chennai-600 026.