B.Tamilarasi, v. The Govt. Of Tamil Nadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 17.10.2019
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA Writ Petition Nos.8856 & 8862 of 2013 and M.P. Nos.1 & 1 of 2013 B.Tamilarasi .. Petitioner in both cases
Versus
1.The Government of Tamil Nadu represented by Secretary to Government, Rural Development and Panchayat Raj Department, Fort St. George, Chennai-600 009.
2.The District Collector and Inspector of Panchayat, Cuddalore District.
3.The Assistant Director of Panchayat, Cuddalore District.
4.The Tahsildar, Panruti Taluk, Cuddalore District.
.. Respondents in both cases Prayer in W.P. No.8856 of 2013: Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorari calling for the records of the third respondent under Proceedings No.A1/932/2012 dated 13.09.2012 and quash the same. Prayer in W.P. No.8862 of 2013: Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified Mandamus calling for the records of the second respondent under Proceedings No.A8/4179/2012 Assistant Director (P) Office Cuddalore Dt. 05.10.2012 and quash the same and direct the second respondent to drop all further proceedings pursuant to the Show Cause Notice dated 05.10.2012 under Na.Ka.No.A8/4179/2012.
For Petitioner in both cases : Mr.A.Prasanavenkat for M/s.APR Associates
For Respondents in both cases: Mr.B.Anand, Government Advocate COMMON ORDER W.P. No.8856 of 2013 has been filed challenging the Proceedings dated 13.09.2012 issued by the Assistant Director of Panchayat Cuddalore District, the third respondent herein. W.P. No.8862 of 2013 has been filed challenging the Proceedings dated 05.10.2012 issued by the second respondent and seeking a direction to the second respondent to drop all further proceedings pursuant to the above Show Cause Notice dated 05.10.2012.
2.It is seen from records that the petitioner was elected as President of Village Panchayat in the year 2011. After inspecting the Village Panchayat, the third respondent sent an inspection report dated Nil September 2012 pointing out that the maintenance of ledgers are not proper and thereupon, the petitioner was issued with a show cause notice dated 05.10.2012 by the third respondent calling upon her to explain the loss caused to the Panchayat to the extent of Rs.10,83,970/-, failing which she will be removed from the post of Village Panchayat. 3.Learned counsel appearing for the petitioner would submit that this Court by order dated 17.04.2013 passed an order of interim stay. During the pendency of the writ petition, since the tenure of the Village Panchayat came to an end, the prayer in the writ petitions has become infructuous and therefore, the writ petitions may be closed.
4.Since it is submitted by the learned counsel appearing for the petitioner that the prayer in the writ petitions has become infructuous, nothing further survives for adjudication. Accordingly, the writ petitions are dismissed an infructuous. Consequently, connected M.Ps are closed. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar
To 1.The Secretary to Government, Government of Tamil Nadu Rural Development and Panchayat Raj Department, Fort St. George, Chennai-600 009.
2.The District Collector and Inspector of Panchayat, Cuddalore District.
3.The Assistant Director of Panchayat, Cuddalore District.
4.The Tahsildar, Panruti Taluk, Cuddalore District.
+2cc to M/s.APR, Associates, Sr.Nos.87169 and 87170 +1 cc to The Government Pleader Sr.No. 87391 AKM/17.12.19/3P-8C / Writ Petition Nos.8856 & 8862 of 2013 and M.P. Nos.1 & 1 of 2013