Mathiyalagan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2024 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and W.M.P.(MD)No.18249 of 2024 Mathiyalagan ... Petitioner Vs.

1.The District Collector, Thanjavur District, Thanjavur.

2.The Revenue Divisional Officer / Election Officer, Puthiya Kattalai Mettuvaikal Neerinai Payanpathuvar Sangam No.31, Thanjavur, Thanjavur District.

3.The Executive Officer, River Protection Division, Trichy-1.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to include the petitioner's name in the voter list of "Achan Eari Waters Users Association" based on the petitioner's representation dated 30.08.2024. For Petitioner : Mr.S.Prabha For R1 & R2 : Mr.D.Gandhiraj, Special Government Pleader 1/4

ORDER

By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2.Mr.D.Gandhiraj, learned Special Government Pleader takes notice for the respondents 1 and 2. Considering the nature of order proposed to be passed in this Writ Petition, notice to the 3rd respondent is dispensed with. 3.It is the case of the petitioner that once in a five years, the respondents shall conduct election for the society comes under Tamil Nadu Agriculturist Water Usage and Management Act, 2000. The petitioner hold the post of President for Achan Eari, Senkeeramoolakudi Eari, Sukkudi Eari and Nagaiya Eari Water Users Association for the period of five years, ie., from 2019 till date. Now, it is the grievance of the petitioner that the 2nd respondent, vide notification dated 09.06.2024, called for an election and published voter list, where the petitioner's name is not found. Therefore, he made a representation dated 30.08.2024 to the respondents, seeking inclusion of his name in the voter list. Since the same has not been considered so far, the petitioner has filed this Writ Petition.

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4.The learned Special Government Pleader appearing for the respondents 1 and 2, by producing the voter list, submits that the name of the petitioner is found at Serial No.5 in the voter list and the petitioner has not verified the same properly. A copy of which has also been produced before this Court.

5.Recording the said submission made by the learned Special Government Pleader, this Writ Petition is closed. No costs. Consequently, connected miscellaneous petition is closed.

11.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To 1.The District Collector, Thanjavur District, Thanjavur.

2.The Revenue Divisional Officer / Election Officer, Puthiya Kattalai Mettuvaikal Neerinai Payanpathuvar Sangam No.31, Thanjavur, Thanjavur District.

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N.SATHISH KUMAR, J Yuva 11.09.2024 4/4