Madras High Court
B.Amirthavallli vs The District Collector on 11 October, 2023
WP(MD)No.1963 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 11.10.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.1963 of 2021
and
W.M.P.(MD)No.2236 of 2021
1.B.Amirthavallli
2.Karthuri ...Petitioners
/Vs./
1.The District Collector,
Ramanathapuram District.
2.State Panchayat Election Commissioner,
Opposite to Coimbedu Bus Stand,
Chennai.
3.The Tahsildar,
Mudhukulathur Taluk,
Ramanathapuram District.
4.The Tahsildar,
Paramakudi Taluk,
Ramanathapuram District.
5.The Chief Educational Officer,
Sathanoor High School,
(Now Higher Secondary School),
Sivagangai District.
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WP(MD)No.1963 of 2021
6.The Block Development Office (VP),
Muthukulathur Taluk,
Ramanathapuram District.
7.The President,
Nallukurichi (Post),
Mudhukulathur Taluk,
Ramanathapuram District. . ...Respondents
PRAYER:- Petition - filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the respondents 1 and 2 to disqualify the 7th
respondent as women president as she was elected based on the forgery caste
certificate in SC Women Panchayat.
For Petitioners : Mr.S.C.Herold Singh
For Respondents : Mr.B.Saravanan
Additional Government Pleader
ORDER
This writ petition has been filed for issuance of writ of mandamus,
directing the first and second respondents to disqualify the 7th respondent, who
is the President of the Nallukurichi Village Panchayat, on the ground that the 7 th
respondent has produced a forged caste certificate as if she belongs to the SC
community.
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WP(MD)No.1963 of 2021
2. When the matter was taken up for hearing, the learned Additional
Government Pleader appearing for the official respondents submitted that the
second petitioner had already filed an election petition in ELOP No.18 of 2020
before the Principal District Court, Ramanathapuram and the very same ground
was taken before the Court and this petition came to be dismissed by an order
dated 18.11.2021. A copy of the judgment was also placed before this Court.
3. In view of the above development, no further orders can be passed in
this writ petition. If the petitioners are aggrieved by the judgment passed in
ELOP No.18 of 2020, they have to independently agitate their rights by way of
filing an appeal. The genuineness or otherwise of the community certificate is a
subject matter in ELOP No.18 of 2020 and therefore, unless and otherwise it is
held so by the competent court, this Court cannot parallelly give any direction to
the authority to scrutinize the community certificate issued in favour of the 7 th
respondent.
4. This writ petition is disposed of accordingly. No costs. Consequently,
connected miscellaneous petition is closed.
11.10.2023
NCC : Yes/No
Internet :Yes/No
Index :Yes/No
https://www.mhc.tn.gov.in/judis
WP(MD)No.1963 of 2021
N.ANAND VENKATESH, J.
sm
TO:-
1.The District Collector,
Ramanathapuram District.
2.State Panchayat Election Commissioner,
Opposite to Coimbedu Bus Stand, Chennai.
3.The Tahsildar, Mudhukulathur Taluk,
Ramanathapuram District.
4.The Tahsildar, Paramakudi Taluk,
Ramanathapuram District.
5.The Chief Educational Officer,
Sathanoor High School,
(Now Higher Secondary School),
Sivagangai District.
6.The Block Development Office (VP),
Muthukulathur Taluk, Ramanathapuram District.
7.The President,
Nallukurichi (Post),
Mudhukulathur Taluk,
Ramanathapuram District.
Order made in
W.P.(MD)No.1963 of 2021
Dated:
11.10.2023
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