The Madras High Court rejected a Writ Appeal to challenge a prior order quashing an election notice. The court observed that the impugned order was already implemented as elections had been conducted and results declared, rendering further adjudication unnecessary.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Friday, the First day of April Two Thousand and Sixteen
PRESENT
The Honble Mr.Justice S.MANIKUMAR and The Honble Mr.Justice C.T.SELVAM
CMP(MD) No.3173 of 2016 IN WA(MD) No.SR55097 of 2015
KUMAR @ R.CHANDRASEKARAN ... PETITIONER / APPELLANT
3 THE ELECTION OFFICER REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, PALANI, DINDIGUL DISTRICT-624 601.
5 THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT WATER RESOURCE ORGANIZATION, AMARAVATI RIVER SUB BASIN, PALANI TALUK, DINDIGUL DISTRICT. ... RESPONDENTS/RESPONDENTS
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to grant leave to file Writ Appeal against the order passed in MP (MD)No.1/2015 in WP.(MD).No.13360/2014 dated 08.07.2015.
PRAYER IN WA SR55097 of 2015: Writ Appeal is filed against the order of this court made in MP(MD)No.1 of 2015 in WP(MD)No.13360 of 2014 dated 08.07.2015.
Prayer in MP(MD). 1/2015: To permit the petitioner / proposed 5th Respondent to be impleaded as 5th respondent in W.P.(MD)No.13360 of 2014.
Prayer in WP(MD). 13360/ 2014 :To issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the notice dated 30.07.2014, affixed in the notice board of the 4th respondent with the election schedule and quash the same and consequently direct the https://hcservices.ecourts.gov.in/hcservices/ first Respondent to proceed with the elections notified as per the Notification dated 30.06.2014 and issue the certificate of Election
of Thamaraikulam Channel Water user Association, Thamaraikulam Village, Palani Taluk, Dindigul Dsitrict, to the Petitioner as per Rule 19 of the Tamil Nadu Farmers Management of Irrigation Systems Election Rules 2003.
ORDER : This petition coming on for hearing upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.T.LENIN KUMAR, Advocate for the petitioner and of Mr.R.JEGADEESHWARAN for R1 and of Mr.A.K.BASKARA PANDIAN, Advocate for RR2 to 5, the court made the following order:-
(Order of this Court was made by S.MANIKUMAR, J.)
Vide impugned order made in M.P.(MD)No.1 of 2015 in W.P. (MD)No.13360 of 2014, the Writ Court, has quashed the notice, dated 30.07.2014 affixed in the notice board of the Executive Engineer, Public Works Department, Water Resource Organization, Amaravathi River Sub Basin, Palani Taluk, Dindigul District / respondent No.4 therein, the election schedule. The Writ Court has further directed the District Collector, Dindigul District / respondent No.1 therein, to proceed further with the Election notified, as per the Notification, dated 30.06.2014, in respect of Thamaraikulam Channel Water User Association, Thamaraikulam Vilalge, Palani Taluk, Dindigul District and to declare the results, within a period of four weeks from the date of receipt of the copy of the order made in the writ petition. The proposed appellant in the instant appeal seeks leave of the Court to challenge the abovsaid order.
Sd/-
Assistant Registrar
/True copy/
Sub Assistant Registrar
TO 1 THE DISTRICT COLLECTOR COLLECTORATE, DINDIGUL DISTRICT.
REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, PALANI, DINDIGUL DISTRICT, PINCODE - 624 601.
SH/AAL-MPA:06.05.2016:2P/6C
KUMAR @ R.CHANDRASEKARAN
M.KAMATCHI SUNDARAM
THE DISTRICT COLLECTOR COLLECTORATE, DINDIGUL DISTRICT.
THE ELECTION OFFICER REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, PALANI, DINDIGUL DISTRICT-624 601.
THE TAHSILDAR PALANI TALUK, DINDIGUL DISTRICT-624 601.
THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT WATER RESOURCE ORGANIZATION, AMARAVATI RIVER SUB BASIN, PALANI TALUK, DINDIGUL DISTRICT.
S.MANIKUMAR
C.T.SELVAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
