S. Nallaiah Vs The Secretary to Government

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorari, calling for the entire records relating to impugned final list of candidates passed by the 5^th respondent in Form II and quash the same and consequently directing the 5^th respondent to include the petitioner name in the final list of candidates.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.7059 of 2025

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For Petitioner : Mr.S.Sundarapandian for Mr.C.Iyyappa Raj For Respondents : Mr.S.Shaji Bino Special Government Pleader

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ORDER

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The relief sought for in the Writ Petition is to quash the final list of candidates given by the fifth respondent/District Supply and Consumer Protection Officer, Tenkasi.

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Elections had been called for the purpose of electing the Chairman and Members of the Gundaru Water Users Association. According to the petitioner, he and one Paramasivan applied for the post of the President. The name of the petitioner's father was stated as Shivanu Pandian. It differs from the Aadhaar Card. In the Aadhaar card, it is mentioned as 'Shivanu Pandi' instead of 'Shivanu Pandian'. Pointing out this discrepancy in the name, the nomination of the petitioner was rejected. The petitioner alleges that though the other candidate, namely, Paramasivan's nomination suffers from the same discrepancy, it had been accepted by the fifth respondent. Aggrieved by the rejection of his nomination and at the same time, accepting the error in the nomination of Paramasivan, he has come forward with this Writ Petition.

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When the matter was mentioned to be moved as a lunch motion, I directed the learned counsel for the petitioner, Mr.S.Sundarapandian to

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.7059 of 2025

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serve notice on Mr.S.Shaji Bino, learned Special Government Pleader. This was to enable the learned Special Government Pleader to get instructions, when the matter is taken up post lunch.

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When the matter was called in the afternoon, Mr.S.Shaji Bino has produced the following written instructions of the fourth respondent dated 14.03.2025:

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“ Fz;lhW ePhpid gad;gLj;JNthH rq;f jiytUf;fhf Ml;rp kz;ly njhFjp 02-Ir; NrHe;j S .gukrptd; kw;Wk; Ml;rp kz;ly njhFjp 05-Ir; NrHe;j S .ey;iyah Mfpa ,UtH Ntl;G kD jhf;fy; nra;jpUe;jdH. $He;jha;T nra;ag;gl;ljpy; ,uz;L Ntl;g;ghsHfspd; jfg;gdhH ngaH thf;fhsH gl;baypy; khWgl;Ls;sJ. vdNt ,UtH Ntl;G kDf;fSk; epuhfhpf;fg;gl;Ls;sJ.

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Fz;lhW ePhpid gad;gLj;JNthH rq;f jiytH gjtp jw;NghJ fhypahf cs;sJ. khtl;l Ml;rpaH %yk; kPz;Lk; murpjo; ntspaplg;gLk; gl;rj;jpy; NjHjy; eltbf;iffs; Nkw;nfhz;L jFjpahd egHfs; NjHe;njLf;fg;gLthHfs; vd;gij njhptpj;Jf;nfhs;fpNwd;. ”

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As the election itself is not proposed to be held, the relief that is sought for in the Writ Petition cannot be granted. Therefore, nothing else need to be done other than recording the written instructions, that had been given to the learned Special Government Pleader.

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https://www.mhc.tn.gov.in/judis

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W.P.(MD).No.7059 of 2025

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While the Writ Petition is disposed of recording the written

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instructions of the fourth respondent, it is confusing as to why the respondents are not exercising the power vested in them by the proviso to Rule 16(2) of the Tamil Nadu Farmers' Management of Irrigation System Election Rules of 2003. Hopefully, on the next occasion, the concerned officer will go through the Rules and if he finds an error, he will utilise the power and do the needful. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

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14.03.2025

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NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

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To

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