R.Dhakshinamoorthy Aachari v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and MP(MD)No.1 of 2015 R.Dhakshinamoorthy Aachari ... Petitioner Vs.

1.The District Collector, Madurai District.

2.R.R.P.Nagarajan Aachari 3.V.Muthu Aachari 4.M.Ponnuchamy Aachari 5.K.Murugan 6.P.Nagarajan 7.L.Ravikumar 1/6

8.R.Kaliselvam 9.N.Nandhakumar ... Respondents [R.4 impleaded vide order dated 21.04.2023] [R.5 to R.9 impleaded vide order dated 04.10.2023] PRAYER:- Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorari calling for the impugned order passed in Na.Ka.No.J2/37897/2015 dated 26.11.2015 on the file of the first respondent and quash the same.

For Petitioner : Mr.K.R.Laxman For Respondents : Mr.J.K.Jeyaseelan, Government Advocate for R.1 Mr.R.Manoharan for R.2, R.3 Mr.K.Kannan for R.4 Mr.R.Saravanan for R.5 to R.9 2/6

ORDER

Earlier, this Court by its order dated 01.12.2023 disposed of this writ petition. The Advocate Commissioners, namely, Mr.A.Robinson, Mr.R.M.Arun Swaminathan, mentioned this writ petition for clarifying the order dated 01.12.2023 and therefore, this writ petition is listed today under the caption "For Clarification".

2.The Advocate Commissioners submits that the respondents 2 and 3 have raised certain objections to the conditions which have been mentioned in the joint compromise dated 27.11.2023 as to the rights of the married women in the village and raised certain objections and they have also not permitted the Advocate Commissioners to proceed with the orders of this Court dated 01.12.2023 and they are also insisting right for the women, who are married and residing in any parts of their District.

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3.This Court has disposed of this writ petition only on the terms of the conditions as stated in the joint compromise memo dated 27.11.2023. It is the conditions which have been agreed by all the parties to the proceedings. It is also reported that the second respondent herein has filed a writ appeal in WA.(MD)No.840 of 2024 as against the order passed in this writ petition and the same was also dismissed, by an order dated 05.06.2024. This Court has not framed ay conditions and only based on the joint compromise memo, the conditions have been stipulated in the order dated 01.12.2023. There is no ambiguity in the terms of the conditions that the married women, who born in the village and are living in other village are not permitted to vote. Similarly, women, who born in other village and married to the male descendants of this village are also not permitted. Therefore, the objections raised by the second respondent is not proper and no clarification is required.

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4.The learned Advocate Commissioners are directed to proceed with the elections as per terms and conditions of the joint compromise memo dated 27.11.2023. The Advocate Commissioners shall be the best Judge to decide. It appears that the respondents 2 and 3 are attempting to stall the election. The Advocate Commissioners shall ensure the election is conducted without any further delay. If any of the parties are interfering in the course of election, then, it is open to the Advocate Commissioners to seek Police protection. Index :

Yes / No 26.09.2025 NCC :

Yes / No Internet :

Yes/No gns To The District Collector, Madurai District.

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B.PUGALENDHI, J.

gns 26.09.2025 6/6