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Madras High CourtWP/7819/2013dismissed as infructuous

M.Selvaraj, S/O. Muthiah v. The District Collector (Cum)

2015-01-06Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 6.01.2015

CORAM

THE HON'ble Mr.JUSTICE M. DURAISWAMY W.P.No.7819 of 2013 and M.P.No.1 of 2013 M. Selvaraj S/o Muthiah Padayachi, Panchayat President, Killiyur Village Panchayat, Ulundurpet Taluk, Villupuram District .... Petitioner vs

1. The District Collector (cum) Inspector of Panchayat(s) Villupuram District

2. The Block Development Officer, Killiyur Panchayat, Ulundurpet, Villupuram District .... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking for a direction to issue a Writ of Certiorarified Mandamus to call for the records of the 1st respondent in his proceedings bearing Na.Ka.No.A3/902/2012 dated 31.07.2012 and to quash the same as unjust illegal and without jurisdiction and in consequene thereof and also direct the respondent not to interfere with the powers, functions and duties to be discharged by the petitioner as Panchayat President of Killiyur Village Panchayat, Ulundurpet Taluk, Villupuram District unless in accordance with law. For petitioner :

Mr.V. Raghavachari For 1st respondent : Mr.R.M. Muthukumar Government Advocate For 2nd respondent : Mr.R. Govindasamy

ORDER

The petitioner has filed the above writ petition to issue a Writ of Certiorarified Mandamus to call for the records of the 1st respondent in his proceedings bearing Na.Ka.No.A3/902/2012 dated 31.07.2012 and to quash the same and consequently direct the https://hcservices.ecourts.gov.in/hcservices/

respondent not to interfere with the powers, functions and duties to be discharged by the petitioner as Panchayat President of Killiyur Village Panchayat, Ulundurpet Taluk, Villupuram District unless in accordance with law.

2.

The first respondent withdrew the cheque signing power of the petitioner by order dated 31.7.2012, which was under challenge in this writ petition.

3.

This Court, by order dated 28.3.2013, while ordering notice to the respondents, granted an order of interim stay. Thereafter, by order dated 10.5.2013, the first respondent has restored the cheque signing power to the petitioner.

4.

That apart, the first respondent also initiated proceedings under Secs.205 and 206 of the Tamil Nadu Panchayats Act, 1994. Siince the firist respondent had restored the cheque signing power to the petitioner, I am of the view that nothing survives for adjudication in this writ petition.

5.

Therefore, the writ petition is dismissed as infructuous. Since the first respondent had initiated proceedings under Secs.205 and 206 of the Tamil Nadu Panchayats Act, 1994, it is open to the first respondent to decide the matter on merits and in accordance with law. No costs. Consequently, connected MP is closed. sr -s/d- Assistant Registrar(Records) Dt:12/1/2015 True Copy Sub-Assitant Registrar To

1. The District Collector (cum) Inspector of Panchayat(s) Villupuram District

2. The Block Development Officer, Killiyur Panchayat, Ulundurpet, Villupuram District + 1 cc to Mr.V.Raghavachari, Advocate SR 499 + 1 cc to the Government Pleader SR 587 bky(co) prk21/1 W.P.No.7819 of 2013 https://hcservices.ecourts.gov.in/hcservices/