P.Palkunan, v. The Commissioner Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.11.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition(MD)No.22211 of 2016 and WMP(MD)No.15906 of 2016 P.Palkunan ... Petitioner Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The District Registrar, Madurai North, TNAU Nagar, Rajakambiram, Y.Othakkadai, Madurai District.

3.The Inspector of Police (L & O), K.Pudur Police Station, Madurai-7.

4.K.Pudur Nadar Uravinmurai, Rep by its President M.G.Mohan, 5.M.G.Mohan, President, K.Pudur Nadar Uravinmurai 6.C.Balakrishnan, Secretary, K.Pudur Nadar Uravinmurai 7.A.Guruviah, Treasurer, K.Pudur Nadar Uravinmurai 8.M.Sivaprakasam, Election Officer, Election Committee, K.Pudur Nadar Uravinmurai ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance a Writ of Mandamus to direct the 2nd respondent to instruct the 8th respondent to include the petitioner's name in the voters list of the 4th respondent Association by considering his representation, dated 08.11.2016.

For Petitioner : Mr.B.Senthilkumar For R-1 to R-3 : Mr.N.S.Karthikeyan Addl. Govt. Pleader

ORDER

The petitioner has filed this Writ Petition seeking for issuance of a Writ of Mandamus, directing the 2nd respondent to instruct the 8th respondent to include the petitioner's name in the voters list of the 4th respondent Society by considering his representation, dated 08.11.2016.

2. According to the petitioner, he is a life time member of the fourth respondent Society and now the election is being conducted and for which, the eighth respondent is the Election Officer, wherein in the voters list, the name of the petitioner is not found place. Hence, he has made a representation to the respondents on 08.11.2016. But, so far, no order has been passed by the respondents and hence, the petitioner has filed this writ petition.

3. The learned Additional Government Pleader appearing for the respondents 1 to 3 on instructions would submit that the name of the petitioner has been removed from the membership of the Society during the year 1999 itself, hence, the question of including the name of the petitioner does not arise.

4. Heard the submissions made on both sides.

5. First of all, the petitioner cannot maintain a writ petition seeking a direction to the District Registrar to include the petitioner's name in the electoral roll, for which, the Registrar has no power. Apart from that, according to the respondents, the petitioner was also removed from the Society in the year 1999 itself.

6. In view of the same, without going into the merits of the case, this Writ Petition is dismissed as not maintainable. No Costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar

To 1.The Commissioner of Police, Madurai City, madurai.

2.The District Registrar, Madurai North, TNAU Nagar, Rajakambiram, Y.Othakkadai, Madurai District.

3.The Inspector of Police (L & O), K.Pudur Police Station, Madurai -7.

+2cc to Mr.B.Senthilkumar Advocate,SR.Nos.71289, 71241 +1cc to special Government Pleader SR.No.71124 pm sm:sk-skn:15/12/2016:3P/7C W.P(MD)No.22211 of 2016 21.11.2016