Madras High CourtWP(MD)/20165/2016disposed of

P.Senthilvel v. The State Election

2016-10-24Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.10.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.20165 of 2016 and W.P.(MD) No.14451 of 2016 P.Senthilvel ... Petitioner vs.

1)The State Election Commissioner, O/o. Tamil Nadu State Election Commission, No.206/N, Jawaharlal Nehru Road, Chennai - 106.

2.The District Collector cum Election Officer (Local Body), Collectorate, Madurai District.

3.The Block Development Officer, Madurai West Panchayat Union, Madurai District.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to consider the representation dated 01.08.2016 and to hold local body election to Ariyur Village West Panchayat Union, Madurai District for the academic year 2016.

For Petitioner : Mr.S.K.Suresh For Respondents : Mr.R.Karthikeyan Additional Government Pleader

ORDER

This Writ of Mandamus has been filed seeking a direction to the respondents to consider the representation of the petitioner dated 01.08.2016.

2.The Government of Tamilnadu issued Voters list for the academic year 2016 in respect of Ariyur Village Panchayat. It is the case of the petitioner that steps are being taken by the respondents to notify Ariyur Village Panchayat as reserved for Schedule Caste (Women) Category without following the procedure. https://hcservices.ecourts.gov.in/hcservices/ 3.According to the learned counsel for the petitioner there is no basis for converting Ariyur Village Panchayat from General

Category to to Schedule Caste (Women) Category without following Sections 11(2)(3), 32(2)(3) and 57(1-A) of Tamilnadu Panchayat Act, 1994. So stating a representation has been submitted to respondents on 01.08.2016. But the same has not been considered so far. Hence, the petitioner has filed this Writ Petition. 4.Learned counsel appearing for the respondents would submit that it is agreeable for the 2nd respondent to consider the representation of the villagers of the petitioner dated 01.08.2016 and to pass orders.

5.Accordingly, the respondents are directed to consider the representation of the villagers of the petitioner dated 01.08.2016 and pass orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

This writ petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(AE) /True copy/ Sub Assistant Registrar To 1)The State Election Commissioner, O/o. Tamil Nadu State Election Commission, No.206/N, Jawaharlal Nehru Road, Chennai - 106.

2.The District Collector cum Election Officer (Local Body), Collectorate, Madurai District.

3.The Block Development Officer, Madurai West Panchayat Union, Madurai District. +1 cc to M/s.K.Suresh, Advocate in SR.No.63684 +1 cc to The Special Government Pleader in SR.No.63287 sj CSL/SS-2/03.11.2016: 2P/6C W.P(MD)No.20165 of 2016 and W.P.(MD) No.14451 of 2016 24.10.2016 https://hcservices.ecourts.gov.in/hcservices/