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Madras High CourtWA/418/2023dismissed

The President v. P.M.Manogaran

2023-02-28Honourable The Acting Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.02.2023 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY The President Molarapatti Village Panchayat Molarapatti, Kundadam Dharapuram Taluk Tiruppur District ..

Appellant v.

1. P.M.Manogaran

2. The District Collector / Inspector of Panchayat Tiruppur District, Tiruppur

3. S.Sethuraman ..

Respondents Appeal filed under Clause 15 of the Letters Patent, against the order dated 02.02.2023 passed in W.P.No.11645 of 2021.

For Appellant ::

Mr.B.Balavijayan for M/s C.S.Associates For Respondents ::

Mr.P.Muthukumar State Government Pleader for R2

JUDGMENT

(Judgment of the Court was made by the Hon'ble Acting Chief Justice) Heard the learned counsel appearing for the appellant and the learned State Government Pleader appearing for the second respondent.

2. This writ appeal is liable to be dismissed at the threshold. When the order dated 25.02.2021 passed by the District Collector / Inspector of Panchayats, Tiruppur District was put to challenge by the first respondent/writ petitioner in Writ Petition No.11645 of 2021, the learned single Judge, finding that the period authorising the President to perform the duties imposed upon the Village Panchayat by law got expired after six months time, disposed of the writ petition observing that the writ petitioner will be entitled to the cheque signing power on filing necessary undertaking affidavit before the Inspector of Panchayats that he will co-operate with the

President and other office bearers. Therefore, this writ appeal at the instance of the appellant/President is dismissed, as nothing survives for adjudication. Consequently, C.M.P.No.3870 of 2023 is also dismissed. There shall be no order as to costs.

Speaking/Non speaking order (T.R.,A.C.J.) (D.B.C.,J.) Index : yes/no 28.02.2023 ss To

1. The District Collector / Inspector of Panchayat Tiruppur District Tiruppur

2. The President Molarapatti Village Panchayat Molarapatti, Kundadam Dharapuram Taluk Tiruppur District

THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

ss 28.02.2023