C.PERIYASWAMI @ THANGAVELU Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner praying for the issuance of a writ of Mandamus, to consider the representation of the petitioner dated 16.05.2019 and to direct the first and second respondents to take necessary action against the fourth to sixth respondents for breach of Model Code of Conduct issued by the first respondent.

(2.) Learned counsel appearing for the petitioner would contend that there is a civil dispute between the petitioner and the private respondents viz., respondents 7 and 8 in respect of the land in Survey No.136/2 in S.Eraiyamangalam Village, Thiruchengodu Taluk in Namakkal District. The petitioner has disputed the title and also taken legal proceedings and the same has been dismissed and he has filed Review Application and the same is pending and during the pendency of the said review application, the fifth and sixth respondents viz., Inspector of Police and Sub-Inspector of Police, Pallipalayam police station have extended the police protection for dispossessing the petitioner and taking possession and handing over to the private respondents 7 and 8, after issuance of notification for the Lok Sabha [General 2019] and hence, the act of the fifth and sixth respondents amounts to violation of the Model Code of Conduct by a Government official and hence, he seeks a direction to the first and second respondents viz., the Election Commission of India and the State Election Commissioner to take necessary action under the representation of the People Act against the District Collector cum District Returning viz., the Superintendent of Police, Namakkal in the personal capacity and Inspector of Police, Sub-Inspector of Police, Pallipalayam in their official capacity.

(3.) Mr.V.Jayaprakash Narayanan, learned Special Government Pleader appearing for respondents 4 to 6 would submit that the private respondent Nos.7 and 8 have filed a suit in respect of the subject matter of the petition mentioned property and obtained a decree and they have moved the Government for execution of the decree and the Government has also passed necessary Government Order granting patta to the respondents 7 and 8. Learned Special Government Pleader further submitted that the petitioner has filed a writ petition in W.P.No.27043 of 2009 challenging the said Government Order granting of patta to the private respondents herein and against some others and the same has been dismissed by this Court by an order dated 18.01.2018 and aggrieved against the said order in the said writ petition, they have preferred W.A.Nos.712 and 713 of 2018. However, after hearing of the parties, the Division Bench of this Court, wherein I am one of the party, dismissed the claim of the petitioner, who is one of the petitioner in W.A.Nos.713 of 2018 on 26.04.2018 and pursuant to the orders passed by this Court in confirming the Government Order, they have executed the decree of the Civil Court as confirmed by the Division Bench and for which the official respondents viz., police official respondents have given police protection in execution of the decree and therefore that does not fall under the violation of the Model Code of Conduct.