Rocfort Welfare Association v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2024 CORAM :

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P.(MD)No.7856 of 2018 and W.M.P.(MD)Nos.7430 & 7431 of 2018 Rockfort Welfare Association (Regd. No.106/2012) Represented by its, Secretary R.Sundararajan, No.10/15, West Street, Malaikottai, Trichirappalli-620 002.

Trichirapalli District.

... Petitioner Vs.

1. The State of Tamil Nadu, rep. By the Principal Secretary to the Government, Municipal Administration and Water Supply (Election), Department, Fort. St. George, Chennai-600 009.

2.The Delimitation Commission Chairman / The Tamial Nadu State Election Commissioner, Jawaharlal Nehry Road, Koyambedu, Chennai-600 015.

3.The Director of Rural Development and Panchayat Raj, Panagal Maligai, 4th Floor, Abdul Razzak Street, West Saidapet, Chennai - 600 015.

4.The District Delimitation Authority, /District Collector, Office of the District Collector, Trichy District.

5.The Tiruchirapalli City Municipal Corporation, Rep. By its Commissioner, Cantonment, Trichy District-620 001.

..

Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the impugned order in Na.Ka.No.7165/2018/C5 (maiyam) dated 06.03.2018 on the file of the fifth respondent and quash the same as illegal.

For Petitioner : Mr.S.Rajasekar For Respondents : Mr.N.Satheesh Kumar-for R1 to R4 Additional Government Pleader

Mr. R.Baskaran - for R5 Standing Counsel for R.B.Law Associates.

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] We have heard Mr.S.Rajasekar, learned Counsel appearing for the petitioner, Mr.N.Satheesh Kumar, learned Additional Government Pleader appearing for respondents 1 to 4 and Mr.R.Baskaran, for M/s.R.B.Law Associates, learned Standing Counsel appearing for the fifth respondent.

2.Learned Counsel submits that the delimitation of old Ward No. 11 and inclusion of the same into new Ward Nos.13 and 14 is illegal. Thus, the delimitation was done without inviting objections and hearing the petitioner.

3.The election subsequent to the said delimitation has already taken place. With the efflux of time, the relief claimed would not survive. If in case of fresh election the petitioner is aggrieved by delimitation, then the petitioner can approach this Court. 4.Accordingly, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

[S.V.G., C.J.] [G.I., J.] 27.02.2024 Index : Yes / No MR To

1. The Principal Secretary to the Government, State of Tamil Nadu, Municipal Administration and Water Supply (Election), Department, Fort. St. George, Chennai-600 009.

2.The Delimitation Commission Chairman / The Tamial Nadu State Election Commissioner, Jawaharlal Nehry Road, Koyambedu, Chennai-600 015.

3.The Director of Rural Development and Panchayat Raj, Panagal Maligai, 4th Floor, Abdul Razzak Street, West Saidapet, Chennai - 600 015.

4.The District Delimitation Authority, /District Collector,

Office of the District Collector, Trichy District.

5.The Tiruchirapalli City Municipal Corporation, Rep. By its Commissioner, Cantonment, Trichy District-620 001.

THE HONOURABLE CHIEF JUSTICE and G.ILANGOVAN , J.

MR W.P.(MD)No.7856 of 2018 27.02.2024