Pitchai v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P(MD)No.23662 & 23664 of 2024 Pitchai
...Petitioner
-Vs1.The District Collector, Office of the District Collector, Sivagangai District.
2.The Tahsildar, Thirupuvanam Taluk Office, Sivagangai District.
3.The Executive Engineer, Public Works Department and Water Resources Department, Saruganiyaru Basin Division, Sivagangai District.
4.The Assistant Executive Engineer, Public Works Department, Water Resources Department, Tiruppuvanam, Saruganiyaru Basin Division, Sivagangai District.
...Respondents
Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned pamphlet notification dated 16.11.2024 issued by the 1st respondent and quash the same and consequently directing the respondents to include the name of the petitioner in the Voters List pertaining to the conduct of the elections of the said Sangam within the time stipulated by this Court.
For Petitioner : Mr.V.Malaiyendran For Respondents : Mr.D.Gandhi Raj Special Government Pleader
ORDER
This writ petition has been filed challenging the notification dated 16.11.2024, thereby notified to conduct the election for the President and Office Bearers for Palainur Water Users Welfare Sangam. 2.The petitioner is an Agriculturist and he is one the users of Palainur Water Users Welfare Sangam. It is only the main source and from this Kanmai several villagers are being benefitted by the water source more than 2500 of acres of land. The Association has 1089 voters. However, the grievance of the
petitioner is that some of the dead persons were not removed and some of the Pattadhars were not included in the voters list. However, the petitioner did not even whisper about the dead persons and also the persons who were not included in the voter list. That apart, the petitioner is not a aggrieved person, since his name found in the voter list. It is also seen from the representation dated 18.11.2024, submitted by the members of Palainur Water Users Welfare Sangam reveals that some of the dead persons were not removed and also new pattadhars were not included as the members.
3.The learned Counsel appearing for the writ petitioner would submit that similar grievance was approached before this Court in W.P.(MD)No.28549 of 2022, seeking to quash the election notification. This Court has postponed the election and directed to include the name of the persons who were not included in the voter list. However, now the petitioner is a member of Palainur Water Users Welfare Sangam and his name found in the voters list. 4.Though the petitioner alleged that dead persons were not removed from the voters list and new voters were not included in the voters list, the petitioner failed to furnish any semblance of materials in order to substantiate the same. The ultimate intention of the petitioner is that only to stall the election and and
this Court finds no infirmity or illegality in the order passed by the first respondent. Hence, this writ petition is devoid of merits and is liable to be dismissed. No costs. Consequently, connected miscellaneous petition is also closed.
21.11.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR To 1.The District Collector, Office of the District Collector, Sivagangai District.
2.The Tahsildar, Thirupuvanam Taluk Office, Sivagangai District.
3.The Executive Engineer, Public Works Department and Water Resources Department, Saruganiyaru Basin Division, Sivagangai District.
4.The Assistant Executive Engineer, Public Works Department, Water Resources Department, Tiruppuvanam, Saruganiyaru Basin Division, Sivagangai District.
G.K.ILANTHIRAIYAN. J, RJR 21.11.2024