Kasim Pakkir, v. Tamil Nadu State Election

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.3925 & 3926 of 2017 Kasim Pakkir ... Petitioner Vs 1.Tamil Nadu State Election Commission Represented by Tamil Nadu State Election Commissioner No.208/2, Jawaharlal Nehru Road Opposite to CMBT Arumbakkam, Chennai 106 2.The District Collector Tuticorin District Tuticorin 3.The Assistant Director of Town Panchayat Office of the Assistant Director of Town Panchayat, Tirunelveli Region, NGO Colony, Palayamkottai Tirunelveli District ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order in O.Mu.No.471/2017/Pa3, dated 20.02.2017 on the file of the respondent No.3 and quash the same as illegal and consequently for a direction, directing the respondents to declare the 8th Ward of Kayathar Town Panchayat, Tuticorin District as General Turn Constituency in the upcoming Tamil Nadu Local Body Election within the time period stipulated by this Court.

For Petitioner: Mr.T.Lajapathi Roy For R1 : Mr.Rajakarthikeyan 1/3

For R2 & R3 : MR.M.Rajarajan Government Advocate

O R D E R

Heard the learned counsel appearing on either side. 2.The petitioner challenges the declaration of the petition mentioned ward as a reserved one and wants it to be declared as General Turn Constituency.

3.During the pendency of the Writ petition, the delimitation exercise was carried out and the learned Standing Counsel for the Election Commission states that it was published in the Gazette dated 14.12.2018. It is for the petitioner to challenge the same. Hence, nothing survives for further adjudication in this Writ Petition.

4.Recording the above submission, the Writ Petition stands dismissed as infructuous. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) msa Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The District Collector Tuticorin District Tuticorin 2/3

2.The Assistant Director of Town Panchayat Office of the Assistant Director of Town Panchayat NGO Colony, Palayamkottai Tirunelveli District and W.M.P.(MD)Nos.3925 & 3926 of 2017 13.07.2020 ac(CO) TR(21.07.2020) 3P 3C 3/3