Madras High CourtWP(MD)/9886/2016disposed of

T.Velumayil v. The District Registrar

2016-09-22Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2016 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.9886 of 2016 T.Velumayil (Tamil Nadu Moovendar Panbattu Kalagam) (K.Pudur Branch State Representative) No.3/435, VOC Street, Surveyor Colony, K.Pudur Post, Madurai 625 007.

.... Petitioner Vs.

1.The District Registrar, Madurai (South), Registration Department, Palace Road, Madurai 625 001.

2.M.Mani (Erstwhile General Secretary), (Tamil Nadu Moovendar Panbattu Kalagam) No.2/91, Pasumpon Illam, Uruvatty Post, Sivagangai 630411.

3.M.Sangaiah, (Election Commissioner), (Tamil Nadu Moovendar Panbattu Kalagam) No.5, Gandhiji 7th Street, Thirunagar Madurai 625 006.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the 1st respondent to ensure the conduct of election to the Tamil Nadu Moovendar Panbattu Kalagam as per the bye - law in the presence of the official observer within the time frame fixed by this Court on the basis of the representation of the petitioner dated 25.05.2016.

For Petitioner : Mr.B.Saravanan For 1st Respondent : Mr.N.S.Karthikeyan, Additional Government Pleader.

For Respondent : No appearance https://hcservices.ecourts.gov.in/hcservices/

ORDER

This writ petition has been filed for the issuance of a writ of mandamus to direct the first respondent to ensure the conduct of election to the Tamil Nadu Moovendar Panbattu Kalagam as per the bye - law in the presence of the official observer within the time frame fixed by this Court on the basis of the representation of the petitioner dated 25.05.2016. 2.According to the petitioner, he is a member of the above said Kalagam and as per clause 14 of the bye law, election to the executive committee shall be conducted by convening general body once in every three years. After 2014, there was no election to the above said Kalagam. Hence, the petitioner has submitted a representation, dated 25.05.2016 before the fist respondent which is still pending. Since no orders have been passed, the petitioner has filed this writ petition for the relief stated supra.

3.When the matter came up for hearing, Mr.N.S.Karthikeyan, learned Additional Government Pleader submitted that pursuant to the complaint made by the petitioner, an enquiry was conducted and called for objection from the rival parties and the first respondent also received objections. 4.Considering the above facts and circumstances of the case, the writ petition is disposed of with a direction to the first respondent to complete the enquiry and pass appropriate orders after hearing the parties concerned, within a period of four weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar sms TO, The District Registrar, Madurai (South), Registration Department, Palace Road, Madurai 625 001.

+1CC to Mr.B.Saravanan, Advocate Sr.No.55335 +1CC to Spl.Government Pleader Sr.No.55601 GJM/SK/SKN/AR-I-26.9.16-2P-4C https://hcservices.ecourts.gov.in/hcservices/ Writ Petition (MD) No.9886 of 2016 22.09.2016