Vinayagam v. The District Collector Cum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2015

CORAM

THE HONOURABLE MR.JUSTICE M.M. SUNDRESH W.P.No.33839 of 2015 and M.P.No.1 of 2015 Vinayagam ... Petitioner - Vs -

1. The District Collector cum Inspector of Panchayat, Thiruvallur District, Thiruvallur.

2. The Assistant Director, Panchayat, Thiruvallur District, Thiruvallur.

3. The Block Development Officer/ Commissioner, Cholavaram Panchayat Union, Cholavaram, Thiruvallur District.

4. A.Samydurai, Vice President, Nallur Village Panchayat (First Grade), Cholavaram Panchayat Union, Thiruvallur District.

5. The Superintendent, Central prison, Chennai.

6. The Inspector of Police, M4-Redhills Police Station, Thiruvallur District.

... Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus directing the Respondents 1 to 5 to permit the petitioner to participate in the forthcoming Panchayat meeting and to allow the petitioner to function as President of Nallur First Grade Village Panchayat, Cholavaram Panchayat Union, Thiruvallur District under Section 46 of Tamil Nadu Panchayat Act. For Petitioner : Mr.K.Balu For Respondents : Mr. P.Sanjay Gandhi (R1, R2, R5 and R6) Additional Government Pleader Mr.Rajendran Narasimhan (R3) Additional Government Pleader

O R D E R

The petitioner being the president of Nallur First Grade Panchayat, Cholavaram Panchayat Union, Thiruvallur District has come forward with the present Writ Petition seeking for a direction to the respondents 1 to 5 to permit the petitioner to participate in the forthcoming panchayat meeting and also to allow the petitioner to function as President of Nallur First Grade Village Panchayat, Cholavaram Panchayat Union, Thiruvallur District under Section 46 of the Tamil Nadu Panchayat Act.

2. Heard the learned counsel for the petitioner as well as the learned Additional Government Pleaders appearing for the respondents.

3. The main grievance of the petitioner is that the meeting dated 02.10.2015 was convened by the 4th respondent without issuing any notice to the petitioner. It is represented that the petitioner was in jail at the relevant point of time.

4. The relief sought for by the petitioner is no longer required to be considered for the simple reason that the petitioner has come out on bail which has been granted in pursuant to the offence alleged to have committed by him.

5. The learned Additional Government Pleaders appearing for the respondents have submitted that there is no bar for the petitioner to eschew the meeting conducted.

In view of the same, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous petition is closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar arr To

1. The District Collector cum Inspector of Panchayat, Thiruvallur District, Thiruvallur.

2. The Assistant Director, Panchayat, Thiruvallur District, Thiruvallur.

3. The Block Development Officer/ Commissioner, Cholavaram Panchayat Union, Cholavaram, Thiruvallur District.

4. The Inspector of Police, M4-Redhills Police Station, Thiruvallur District.

5. The Superintendent, Central prison, Chennai.

W.P.No.33839 of 2015 SAI(CO) CA(20/11/2015)