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Madras High CourtWP/30166/2010disposed of

K.Madhaiyan, v. Pennagaram Town Panchayat

2015-04-13Honourable Mr Justice T. S. Sivagnanam,Honourable Mr Justice P.D.Audikesavalu2 pages

In the High Court of Judicature at Madras Dated: 13.04.2015 Coram:

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM Writ Petition No. 30166 of 2010 and M.P. No. 3 of 2010

1. K. Madhaiyan

2. C. Annadurai

3. P.V. Krishnamurthy

4. P.S. Nawab John

6. M. Alagammal .. Petitioners vs.

1. Pennagaram Town Panchayat Council Pennagaram, Dharmapuri District rep. by its Chairman.

2. The Executive Officer Pennagaram Town Panchayat Pennagaram, Dharmapuri District.

.. Respondents --- PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the entire records relating to the impugned order passed by the second respondent in his proceedings Na.Ka.No.55/2010/A1, dated 27.12.2010 and quash the same.

For Petitioner : Mr. C. Prakasam For Respondents : Mr. G. Sankaran.

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O R D E R

By consent of both sides, the main writ petition itself is taken up for final disposal. Heard Mr.C.Prakasam, learned counsel for the petitioner and Mr.G.Sankaran, learned counsel for the respondents.

2. The petition has been filed to quash the impugned proceedings of the second respondent-Executive Officer, Pennagaram Town Panchayat, dated 27.12.2010, wherein the petitioners were directed to handover the vacant site/stalls allotted to them at Pennagaram bus stand on lease basis. Aggrieved by the same, the petitioners have filed the writ petition.

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3. This Court, while entertaining the writ petition on 29.12.2010, granted interim stay of the impugned proceedings dated 27.12.2010. However, the respondents have not taken any steps to vacate the interim order nor filed a counter affidavit. Therefore, at this point of time, after nearly five years, it would be inequitable to allow the respondents to implement the order. Accordingly, the writ petition is disposed of, leaving it open to the respondents to initiate fresh action, if they are so advised. No costs. Consequently, M.P.No.3 of 2010 is closed.

s/d- Assistant Registrar( V ) True Copy Sub-Assistant Registrar To

1. The Chairman Pennagaram Town Panchayat Council Pennagaram, Dharmapuri District.

2. The Executive Officer Pennagaram Town Panchayat Pennagaram, Dharmapuri District.

+ 1 cc to Mr.G.Sankaran, Advocate, SR 20501 mg(co) prk23/4 W.P. No. 30166 of 2010 https://hcservices.ecourts.gov.in/hcservices/