Kanniyappan v. T.G. Sankar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:23.03.2018
CORAM
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.A.No.1812 of 2015 and M.P.No.1 of 2015 R.Kanniyappan, President, Thellore Panchayat Board, Vellore Panchayat Union, Ussoor Post, Vellore-632 105, Vellore District.
... Appellant/5th Respondent Vs.
1.T.G.Sankar, Vice President, Thellore Panchayat Board, Vellore Panchayat Union, Ussoor Post, Vellore-632 105, Vellore District.
2.Government of Tamil Nadu, Rep. by Secretary to Government, Department of Rural & Panchayat Raj Development, Fort St. George, Chennai-600 009.
3.The Inspector of Panchayat-cum- District Collector, Vellore District, Vellore.
4.The Assistant Director of Panchayats, Vellore Collector's Office, B-Block, III Floor, Sathuvachari, Vellore-632 009.
5.The Block Development Officer (PU), Vellore Panchayat Union, Vellore Taluk & District.
... Respondents Writ Appeal filed under Clause 15 of Letters Patent to set aside the order dated 08.09.2015 passed by this Court in Writ Petition No.25424 of 2014.
WP.No.25424/2014:Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus calling for the relating to withdrawing of cheque signing power published in Tamil Nadu Government Cazette No.31 Part VI section (2)/VI (2)/123/2015 dated 05.08.2015 from the file of 2nd respondent and quash the same and permitting the petitioner to continue the privilege of signing cheques of panchayat joining with the president of the panchayat Board.
For Appellant :
Mr.J.Shanmugasundara Babu For R1 :
No appearance For RR2 to 5 :
Mrs.A.Srijayanthi, Special Government Pleader
JUDGMENT
(Judgment of the Court was delivered by K.K.SASIDHARAN, J.) The cheque signing power of the Vice President, Thellore Panchayat Board, was cancelled by the Inspector of Panchayatcum-District Collector, Vellore. The said order was challenged in a writ petition in W.P.No.25424 of 2014. The learned Single Judge allowed the writ petition. The said order is under challenge at the instance of the President of the Thellore Panchayat Board.
2. The order in question was passed on 08.09.2015. The appellant is no more the President of Thellore Panchayat. Even the period of the Vice President, the first respondent herein, who filed the Writ Petition is over by efflux of time. We are therefore, of the view that nothing survives for adjudication in the intra court appeal. The question of law raised by the appellant is left open to be decided in an appropriate proceedings.
3. The intra court appeal is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar
abr/arr To 1.The Secretary to Government, The Government of Tamil Nadu, Department of Rural & Panchayat Raj Development, Fort St. George, Chennai-600 009.
2.The Inspector of Panchayat-cum- District Collector, Vellore District, Vellore.
3.The Assistant Director of Panchayats, Vellore Collector's Office, B-Block, III Floor, Sathuvachari, Vellore-632 009.
4.The Block Development Officer (PU), Vellore Panchayat Union, Vellore Taluk & District.
+1cc to Government Pleader SR.no.22887 MP(CO) sm:11.4.2018 W.A.No.1812 of 2015