SEKAR REPORTER

Court News from Madras High Court

Aiadmk elected candidates of Annavasal Town Panchayat Pudukottai Dt filed W.P. No. 3785/22 for police protection for casting their votes for chairman and vice chairman. Hon’ble Justice Elanthiraiyan passed orders to five police protection and case adjourned for reporting compliance on 7.3.22 . M. Rajarajan former Addl Govt Pleader appeared on behalf of petitioner

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Aiadmk elected candidates of Annavasal Town Panchayat Pudukottai Dt filed W.P. No. 3785/22 for police protection for casting their votes for chairman and vice chairman. Hon’ble Justice Elanthiraiyan passed orders to five police protection and case adjourned for reporting compliance on 7.3.22 .

M. Rajarajan former Addl Govt Pleader appeared on behalf of petitioner

 

 

THE HIGH COURT OF JUDICATURE, MADRAS

AT MADURAI BENCH

(Special Original Jurisdiction)

W.P.(MD)No.                of 2022

 

  1. M.Salai Ponnamma,

W/o.Salai Maduram, [kurinji],

No.117, Viralimalai Road,

Annavasal,

Pudukkottai District.

 

  1. K.Divya,

W/o.L.Kamalanathan,

Edaiyar Street,

Annavasal,

Pudukkottai District.

 

  1. C.Karthick,

S/o.K.Chinnaiah,

2A, Velalar Oorani Street,

Annavasal,

Pudukkottai District.

 

  1. P.Anjali Devi,

W/o.Palanisamy,

Chinna Sengapatti,

Sengapatti,

Annavasal,

Pudukkottai District.

 

  1. R.Salai Maduram, [kurinji],

S/o.Maivali Ramasamy Anandar,

No.117, Viralimalai Road,

Annavasal,

Pudukkottai District.

 

Page No: 1

Corns:

 

 

  1. M.Kumar,

S/o.Muniyandi,

Golden Nagar,

Annavasal,

Pudukkottai District.

 

  1. G.Anusya,

W/o.K.Govindaraj,

Kodikal street,

Annavasal,

Pudukkottai District.

 

  1. R.Vijayashanthi,

W/o.P.Rajasekar,

Harijana Street,

Annavasal,

Pudukkottai District.

 

  1. M.Thangaraj,

S/o.N.Madurai Veeran,

No.22/1495, Golden Nagar,

Annavasal,

Pudukkottai District.        …                      Petitioners

-Vs-

 

  1. The District Collector,

Pudukkottai District,

Pudukkottai.

 

  1. The Superintendent of Police,

Pudukkottai Rural,

Pudukkottai District.

 

  1. The Deputy Superintendent of Police,

Iluppur,

Pudukkottai District.

 

  1. The Inspector of Police,

Annavasal police station,

Annavasal,

Pudukkottai District.    …                   Respondents

Page No: 2

Corns:

 

AFFIDAVIT FILED BY THE 1st PETITIONER

 

I, M.Salai Ponnamma, W/o.Salai Maduram, [kurinji], Hindu, aged about    years, residing at No.117, Viralimalai Road, Annavasal, Pudukkottai District, do hereby solemnly affirm and sincerely state as follows.

 

  1. I am the petitioner herein and as such I am well acquainted with the facts of the case. I have not filed any other writ petition seeking similar relief before this Hon’ble High Court. I am filings this affidavit for myself and on behalf of other petitioners also.

 

  1. I further submit that the present writ petition is filed seeking direction, directing to the respondents 1 to 3 to give adequate police protection to life and limb of the petitioners and directing the 4th respondent not to harass the petitioners in any manner.

 

  1. I state that in Annavasal Town Panchayat totally there are 15 Wards. In the Election conducted on 19.02.2022, I was elected as Councilor from Ward No.1 in Annavasal Town Panchayat.  The other petitioners herein were also elected as Ward Councilors as detailed below:

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Corns:

 

i. K.Divya Ward No.2
ii. C.Karthick Ward No.3
iii. P.Anjali Devi Ward No.4
iv. R.Salai Maduram [Gurunji] Ward No.8
v. M.Kumar Ward No.9
vi. G.Anusiya Ward No.12
vii. R.Vijayashanthi Ward No.13
viii. Thangaraj Ward No.15

 

I belong to AIADMK Party and the other petitioners also belong to AIADMK Party except 7th petitioner.  Out of total 15 members to elect the Chairman of the Town Panchayat, the AIADMK Party have majority Councilors and one independent candidate has been elected as councilor.  As per the existing strength, the AIADMK Party could elect its candidate as Chairman and Vice-Chairman.    Hence, the other party members in order to get their party members to be elected as Chairman and Vice-Chairman are threatening the petitioners and their family members and forced the petitioners to vote in favour of the other party candidates in the Chairman and Vice-Chairman election schedule to be held on 04.03.2022. The 4th respondent who is fully supported to the other party for their illegal activities as stated above.

 

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Corns:

  1. I further state that likewise all the petitioners herein are also facing the same threat from the other party members and the other party members are engaging in horse trading to get the support of the petitioners herein.

 

  1. I state that on 26.02.2022, at about 11.00 a.m., three unknown persons enter in to the house of the 1st petitioner and threatened to vote in favour of their candidate in the Chairman and Vice-Chairman election schedule to be held on 04.03.2022 and threatened her with dire consequences, not voted in favour of them. Hence, the 1st petitioner gave a complaint to the respondents in person and through resisted post on 27.02.2022. And all other petitioner also gave complaint through register post also.

 

  1. It is further submitted that all the petitioners have to take their oath on 02.03.2022. The petitioners learnt that the hooligans and rowdies are conspiring to detain the petitioners to get their support in the Chairman and Vice-Chairman Election schedule to be held on 04.03.2022.

 

  1. I state that though the respondents received the complaints, they are not taking any steps to give protection to the petitioners. Unless the petitioners are

Page No: 5

Corns:

 

given police protection, they could not exercise their option in the Chairman and Vice-Chairman election according to their own will.  The petitioners were elected in the democratic manner and they have every right to take oath and casting their votes in the Chairman Election without any fear to what so ever. It is the paramount duty of the respondents herein to protect the petitioner life and limp and rights of the petitioner envisaged in the constitution of India.

 

  1. I humbly submit that I have no other efficacious alternative remedy except to approach this Hon’ble Court by invoking the jurisdiction under Article 226 of the constitution of India. No prejudice will cause to the respondents by allowing the writ petition. On the other hand if this Hon’ble Court does not inclined to grant the relief to the petitioners herein will be put into irreparable loss and hardship.

 

  1. I state that as the cause of action for filing the present writ petition is one and the same for all the petitioners, they have to be permitted to join together and file a single writ petition.

 

Page No: 6

Corns:

 

It is therefore prayed that this Hon’ble Court may be pleased to permit the petitioners herein to join together and file a single Writ petition under 15 of Madras High court writ Rules, 2021 to regulate the proceedings under article 226 of the Constitution of India and thus render justice.

 

It is therefore, humbly prayed that this Hon’ble Court may be pleased to issue a WRIT OF MANDAMUS or any other writ, order or direction in the nature of writ, directing to the respondents 1 to 3 to give adequate police protection to life and limb of the petitioners and directing the 4th respondent not to harass the petitioners in any manner and pass such further or other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and thus render justice.

 

 

Solemnly affirmed at Pudukkottai

on this the  28th day of February, 2022         Before Me

and signed his name in my presence

 

Page No: 7th and last Page:

Corns:

 

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