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Madras High CourtWP/8699/2015dismissed as infructuous

Tmt. Jaya, v. The District Collector-Cum-

2015-11-03Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 3/11/2015 C O R A M THE HON'BLE Mr.JUSTICE T.S.SIVAGNANAM W.P.No.8699 of 2015 a n d M.P.No.2 of 2015 Jaya ...

Petitioner Vs The District Collector-cum- Inspector of Panchayaths Cuddalore District Cuddalore.

... Respondent Prayer :-Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of certiorarified Mandamus, to call for the records made in Na.Ka.No.A8/1543/2013 dated 1/1/2015 on the file of the respondent herein and quash the same as illegal and direct the respondent to restore the petitioner's cheque signing power of Pothiramangalam Panchayat, Thittagudi Taluk, Cuddalore District.

For petitioner ...

Mr.R.Sankarasubbu for Mr.M.Velmurugan For respondent ...

Mr.S.Gomathinayagam AAG assisted by Mr.D.Suriya Narayanan Government Advocate

O R D E R

With the consent of the learned counsel for the parties, the writ petition is taken up for final disposal. 2.

Heard Mr.R.Sankarasubbu for the petitioner and Mr.S.Gomathi Nayagam, learned Additional Advocate General assisted by Mr.D.Suriya Narayanan, learned Government Advocate for the respondent.

3. This writ petition is filed praying to quash the order passed by the respondent in Na.Ka.No.A8/1543/2013 dated 1/1/2015 and further direct the respondent to restore the petitioner's cheque signing power of Pothiramangalam Panchayat, Thittagudi Taluk, Cuddalore District.

4. On an earlier occasion, the petitioner has approached this Court by way of a writ petition being W.P.No.1801 of 2015, to direct the respondent therein to consider his representation dated 12 January 2015 and restore the cheque signing power. This Court, by an order dated 28 January 2015, disposed of the said writ petition, by issuing the following directions:- "6.

In any event, since a representation is pending, the same shall be considered and written communication shall be sent to the petitioner within a period of four weeks from the date of receipt of a copy of this order, indicating as to why the order has been passed withdrawing the cheque signing power of the petitioner and if such order has been passed, it is open to the petitioner to challenge the same in the manner known to law."

5. Pursuant thereto, the first respondent has passed fresh orders, withdrawing the petitioner's cheque signing power. This according to the first respondent has been done, after issuing notice to the petitioner and after conducting an enquiry.

6. In the light of the fresh orders being passed by the first respondent and the same having been communicated to the petitioner, the challenge to the order dated 1 January 2015 has become infructuous.

7. Accordingly, this writ petition is dismissed as infructuous with liberty to the petitioner to challenge the order passed by the respondent dated 21/2/2015, if so advised. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar mvs.

To The District Collector-cum- Inspector of Panchayaths Cuddalore District Cuddalore.

+ 2 ccs to Mr.D. Suriya Narayanan, Advocate SR.60266 + 1 cc to the Government Pleader Sr.60745 W.P.No.8699 of 2015 JSV(CO) EU 5.11.15