V.Lakshmi v. The Inspector Of Panchayats/
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.02.2018
CORAM:
THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P. No.22184 of 2016 & W.M.P.Nos.18915 & 18916 of 2016 and W.P.No.26742 of 2016 & W.M.P.Nos.22961 & 22962 of 2016 V.Lakshmi .. Petitioner in both W.Ps'
Vs.
1.The Inspector of Panchayats / District Collector, Villupuram District, Villupuram.
2.The Assistant Director of Panchayats, Villupuram District, Villupuram.
3.The Block Development Officer (Village Panchayats), Melmalayanur Panchayat Union, Melmalayanur, Villupuram District.
4.The Thayanur Village Panchayat, Rep. by its Secretary, Thayanur Village & Post, Melmalayanur Taluk, Villupuram District.
5.Mrs.V.Kumari, Vice President, Thayanur Village Panchayat, Thayanur Village & Post, Melmalayanur Taluk, Villupuram District.
.. Respondents in both W.Ps'
PRAYER in W.P.No.22184 of 2016: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari to call for the records relating to the Resolution Nos.9, 10 and 11 dated 17.06.2016 on the file of Thayanur Village Panchayat, Melmalayanur Panchayat Union, Villupuram District and quash the same.
PRAYER in W.P.No.26742 of 2016: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari to call for the records relating to the order passed in Na.Ka.No.A2/686/2013, dated 25.07.2016 on the file of the District Collector / first respondent herein and quash the same in so far as the fifth respondent is concerned. For Petitioner in both W.Ps' : Mr.N.Suresh For Respondents in both W.Ps' : Mr.B.Anand Government Advocate for R1 and R2 Mr.D.Suryanarayanan for R3 and R4 in W.P.No.22184 of 2016 No appearance for R5 in W.P.No.22184 of 2016 Mr.Rajendra Narasimhan for R3 in W.P.No.26742 of 2016 No appearance for R4 and R5 in W.P.No.26742 of 2016 C O M M O N O R D E R The Writ Petition in W.P.No.22184 of 2016 has been filed challenging the Resolution dated 17.06.
2016 of Thayanur Village Panchayat, for which, cheque signing power of the petitioner was taken away and given to fifth respondent. Second Writ Petition in W.P.No.26742 of 2016, the petitioner challenges the order of the first respondent passed pursuant to the Resolution of the Thayanur Village Panchayat.
2. Heard both sides and perused the records.
3. It is seen that the petitioner was elected as a member in Ward No.5 of Thayanur Village Panchayat in the election held in 2011. One Mr.Venkatesan was a President and one Mrs.V.Kumari was a Vice President of the said Panchayat. Due to the irregularities said to have been committed by the Vice President, the cheque signing power of the Vice President was given to the petitioner by an order of the first respondent in the year 2012. By the impugned Resolution of the Thayanur Village Panchayat and the order of the first respondent, dated 25.07.2016, the power given to the petitioner was taken away and it was given to the fifth respondent.
4. The learned Government Advocate submitted that the term of the Office of the President and Vice President got expired and the prayers sought for in these Writ Petitions have become infructuous.
5. In the light of the above facts and submissions of the learned Government Advocate, both Writ Petitions are dismissed as infructuous. There is no order as to costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar rns To 1.The Inspector of Panchayats / District Collector, Villupuram District, Villupuram.
2.The Assistant Director of Panchayats, Villupuram District, Villupuram.
3.The Block Development Officer (Village Panchayats), Melmalayanur Panchayat Union, Melmalayanur, Villupuram District.
+2cc to the Government Pleader, S.R.No.13242,13263 W.P. No.22184 of 2016 & W.M.P.Nos.18915 & 18916 of 2016 and W.P.No.26742 of 2016 & W.M.P.Nos.22961 & 22962 of 2016 SSV(CO) RRK(26/03/2018)