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Madras High CourtWP(MD)/7404/2013dismissed

M.Sivalingam,Themmavoor Post v. The Commissioner,

2017-08-04Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2015

CORAM

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN W.P(MD).No.7404 of 2013 and M.P(MD).Nos.1 and 2 of 2013 K. Sivalingam

...Petitioner

Vs.

1.The Commissioner, Tamil Nadu State Co-operative Societies, Election Commission, No.273, Anna Salai, Kamathenu Super Market Building, 1st Floor, Teynampet, Chennai - 600 018.

2. The District Election Officer, Co-operative Societies, Pudukkottai District, Pudukkottai.

3. The Election Officer, M.M.367, Papputhanpatti PACCS Limited, Pudukkottai 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 relating to the impugned notification issued by the second respondent dated 26.04.2013 published in Dinamani News Paper and to quash the same as illegal without jurisdiction consequently to direct the first respondent to conduct the election to free and fair manner to the third respondent society in accordance with law.

For Petitioner ...

Mr.B. Saravanan For R-3 ... Mr. A.Muthukaruppan Additional Government Pleader

ORDER

This Writ Petition is filed to call for the records relating to the impugned notification issued by the second respondent, dated 26.04.2013, published in Dinamani News Paper and to quash the same as illegal and consequently to direct the first respondent to conduct the election to free and fair manner to the third respondent society.

2. The learned Additional Government Pleader appearing for the third respondent filed a counter stating that the election has already been conducted and the representatives have been appointed and they are in the office from 09.05.2013.

3. Since the Writ Petition is of the year 2013 and the election has been conducted and the representatives have been appointed, the Writ Petition is not maintainable and the same is liable to be dismissed. https://hcservices.ecourts.gov.in/hcservices/

Accordingly, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To 1.The Commissioner, Tamil Nadu State Co-operative Societies, Election Commission, No.273, Anna Salai, Kamathenu Super Market Building, 1st Floor, Teynampet, Chennai - 600 018.

2. The District Election Officer, Co-operative Societies, Pudukkottai District, Pudukkottai.

3. The Election Officer, M.M.367, Papputhanpatti PACCS Limited, Pudukkottai District.

+1cc to M/s.B.Saravanan, Advocate in SR.67584 +1cc to the Special Government Pleader, in SR.67366 W.P(MD).No.7404 of 2013 and M.P(MD).Nos.1 and 2 of 2013 25.11.2015 trp PBK/NGM-SS 08/12/2015 ::2P-6C::

https://hcservices.ecourts.gov.in/hcservices/