A.J.Balamurugan, v. K.Kumar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.10.2018

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MRS.JUSTICE T.KRISHNAVALLI W.A(MD)No.1300 of 2018 and C.M.P(MD)No.9254 of 2018 in WP(MD)NO.19811 of 2017 A.J.Balamurugan, State President, Tamil Nadu Government Department Drivers Central Association (Chennai), S/o.Jawaharlal, B-71/2, T.N.H.B Quarters, Race Course Colony, Madurai - 2.

... Appellant/3rd Respondent Vs.

1.K.Kumar ... 1st Respondent/Writ Petitioner 2.The secretary to Government, Personnel and Administrative Reforms (K), Fort St. George, Chennai - 9.

3.John Kulandai Raj 4.Tamil Nadu Government Department PWD Office Campus, Chepauk, Chennai - 5, S.Devadoss 5.Tamil Nadu Government Department Assistant Executive Engineers Office, Jayamkondam, Ariyaloor District, K.Selvaraj 6.Tamil Nadu Government Department

C-20, TNHB Colony, Aathukadu, Salem - 8, S.Dhayalan 7.Tamil Nadu Government Department Collectorate, Dindigul, Dindigul District, A.Iqubal 8.Tamil Nadu Government Department Agri Department Office Backside, To Old Collectorate, Cuddalore, Cuddalore District, Athinarayanan 9.Tamil Nadu Government Department Government Hospital Campus, Villupuram, Villupuram District, G.Sekar 10.Tamil Nadu Government Department Panchayat Union Office, Anthiyur, Erode District, T.Subramanian 11.Tamil Nadu Government Department Panchayat Union Office, Sakkattoi, Karaikudi Taluk, Sivagangai District, Lakshmi Perumal 12.Tamil Nadu Government Department Revenue Department Office, Collectorate, Namakkal, Namakkal District, V.Mani 13.Tamil Nadu Government Department District Association Buildings Collectorate, Madurai - 20, Soundararaj

14.Tamil Nadu Government Department R.S.Mangalam Ariyaloor District, Udayakumar 15.Tamil Nadu Government Department Near Saibaba Temple Jayamalaipuram, Thanjavur - 2, Thanjavur District, R.Kannan 16.Tamil Nadu Government Department Opposite to Collectorate Sattur Road, Virudhunagar, Virudhunagar District, Muthu 17.Tamil Nadu Government Department Panchayat Union Office Kasapakkam, Thiruvannamalai District, Senthamilselvan 18.Tamil Nadu Government Department Assistant Director, Office Collectorate, Thanthoni, Karur, Karur District, Rep by its District President, R.Manickavasagam 19.Tamil Nadu Government Department Revenue Department, Office Collectorate, Nagercoil, Kanyakumari District, Vijayakumar 20.Tamil Nadu Government Department Door No.5, Manthaiamman Kovil Street, Uthamapuram, Cumbum, Theni District, B.Lakshmanan 21.Tamil Nadu Government Department

Backside Class Welfare Officer, Collectorate, Perambalur, Nandhiraj 22.Tamil Nadu Government Department Hospital Tharapuram Road, Tirupur - 8, Thirupur District, J.Mujip Husain 23.Tamil Nadu Government Department Labour Welfare Department Office Sathuvacheri, Vellore, Vellore District, Venkatesalu 24.Tamil Nadu Government Department Public Health Department, Pettikara Street, Thiruvarur, Thiruvarur District, Rep. by its District President 25.Tamil Nadu Government Department No.7/2, ERI Melakara Street, Vedharaniam, Nagapattinam, Arunasatesan 26.Tamil Nadu Government Department Panchayat Union Office, Siddhamoor, Kanchipuram District, Anandan 27.Tamil Nadu Government Department Thiruvalluvar Nagar, Pudukkottai, Pudukkottai District, S.Arumugam 28.Tamil Nadu Government Department Rural Development Department, Thenkanikottai, Krishnagiri District, Manoharan

29.Tamil Nadu Government Department Rural Development Department, Thenkanikottai, Krishnagiri District, Krishnagiri, R.Yuvaraj 30.Tamil Nadu Government Department HIG - 130, TNHB Colony, Collectorate, Collectorate Post, Virupachipuram, Dharmapuri District, Ismail 31.Tamil Nadu Government Department Revenue Department, Collectorate, Korampallam Post, Great Cotton Road, Tuticorin, Tuticorin District, T.Chandran 32.Tamil Nadu Government Department Primary Health Centre, Annur Taluk, Coimbatore District, Ramamoorthy 33.Tamil Nadu Government Department Collectorate, Ooty, M.Velu 34.Tamil Nadu Government Department No.38, Mela Agraharam, Manachanallur, Trichy, Trichy District, Iqbal 35.Tamil Nadu Government Department Tashildar Office, Cheranmahadevi, Tirunelveli District, M.Murugesan

36.B.Patchiappan, District Secretary, Chennai District, Tamil Nadu Government Department Working as Driver, Office of the Regional Joint Director of Industries and Commerce Department, Guindy, Chennai - 32.

... Respondents 2 to 36 Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against the order, dated 01.08.2018 made in W.P(MD)No.19811 of 2018, on the file of this Court.

Prayer in WP(MD). 19811/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Certiorarified mandamus calling for the records pertaining to the impugned order passed by the 1st respondent in his letter No.39282/K1/2017-4 dated 02.08.2017 and the consequential impugned election notification issued by the 2nd respondent dated 05.10.2017 and quash the same and direct the 1st respondent to conduct a free and fair elections for the post of office bearers of the Tamil Nadu Government All Department Drivers Association both District level and state level within a time as stipulated by this Honble Court. For Appellants : Mrs.Selvi George For R - 1 : Mr.P.Gunasekaran For R - 2 :Mrs.J.Padmaavathi Devi, Special Government Pleader.

For RR 3 to 33, 35 & 36 : No appearance For R - 34 : Mr.K.K.Senthil

JUDGMENT

(Judgment of the Court was delivered by PUSHPA SATHYANARAYANA,J.) This Writ Appeal is directed as against the interim order, dated 01.08.2018 passed in W.P(MD)No.19811 of 2017.

2. The learned Single Judge appointed Advocate Commissioners for the work of preparation of eligible voters list of the Tamil Nadu Government All Department Drivers Association, which is spread over all the Districts. In addition, they are also entitled to

accept the membership fees and arrears from all the eligible members irrespective of the duration of the period of the arrears and shall issue a valid receipt, after retaining the counter-foil.

3. It is pointed out by the learned counsel appearing for the appellant that it will be against the by-laws, as the defaulters may not be eligible to vote.

4. Be that as it may, the Writ Petition has to be listed before the learned Single Judge on 01.11.2018. As the Writ Appeal itself is only directed against the interim order, the Advocate Commissioners are directed not to proceed further till 01.11.2018. The parties are directed to appear before the learned Single Judge and proceed with the matter.

5. With the above direction, this Writ Appeal is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar(CS-IV) To The secretary to Government, Personal and Administrative Reforms (K), Fort St. George, Chennai - 9.

Copy To:

The Section Officer, writ Section, Writ Positing Section, Madurai Bench of Madras High Court, Madurai. (WP(MD)No.19811/2017 Post on 01.11.2018) +1CC to MR.M.S.SURESH KUMAR, ADVOCATE IN S.R.NO.90197. +1CC TO MR.K.K.SENTHIL, ADVOCATE IN S.R.NO.90358. PS DS RSK SAR-4 16.10.2018 7P/5C W.A(MD)No.1300 of 2018 11.10.2018