M.Sudhakar v. Ramavath Saraswathi

HON'BLE THE CHIEF JUSTICE SRI THOTTATHIL B. RADHAKRISHNAN AND HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN WRIT APPEAL No.1018 OF 2018 JUDGMENT (ORAL) : (Per the Hon'ble the Chief Justice Sri Thottathil B. Radhakrishnan) This Writ Appeal arises against an interlocutory order by which the learned single Judge suspended the order of suspension of a Sarpanch.

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Hearing the learned counsel for the appellant and Sri Vedula Venkataramana, learned Senior Counsel appearing for respondent No.1 - writ petitioner, we see that the learned single Judge has adverted to facts and factors and thereby has stated reasons in support of the impugned interlocutory order rendered in discretionary jurisdiction. That notwithstanding, we also notice that the term of the Sarpanch Office had expired yesterday. No useful purpose will be served by any further roving exercise by this Court in attempting to sit in appeal on the impugned order. However, we clarify that the decision on this writ appeal will not by itself terminate adjudication of the writ petition since the learned counsel for the writ petitioner submits that different issues referrable to the relevant statutory provisions, including penalties and recoveries, can also be considered by the District Collector. 3.

Hence, without prejudice to further prosecution of the writ petition, this Writ Appeal is dismissed.

HCJ & VRS,J WA No.1018 of 2018 As a sequel thereto, Miscellaneous Applications, if any, pending in the Writ Appeal stand dismissed.

______________________________________ THOTTATHIL B. RADHAKRISHNAN, CJ ___________________________ V. RAMASUBRAMANIAN, J August 01, 2018.

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