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Madras High CourtWP/15765/2010dismissed as infructuous

S.Kalaiarasan, v. The Commissioner Of Rural

2018-02-21Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.02.2018

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P. Nos.15765 and 15850 of 2010 & M.P.Nos.2 and 2 of 2010 S.Kalaiarasan .. Petitioner [in W.P.No.15765/2010] C.Thimmarayan .. Petitioner [in W.P.No.15850/2010] versus 1.The Commissioner of Rural Development and Panchayat Raj, Panagal Buildings, Saidapet, Chennai - 600 015.

.. Respondent [in both W.Ps.] 2.The Assistant Director of Rural Development [Panchayats] Krishnagiri, Krishnagiri District.

3.The Block Development Officer [Village Panchayat] Morappur Panchayat Union, Krishnagiri District.

.. Respondents [in W.P.No.15765/2010] 2.The Assistant Director of Rural Development [Panchayats], Dharmapuri, Dharmapuri District.

3.The Block Development Officer [Village Panchayat], Karimangalam Panchayat Union, Dharmapuri District.

.. Respondents [in W.P.No.15850/2010] COMMON PRAYER : Writ Petition has been filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order of the second respondent in Na.Ka.Nos.2643/08/A3 dated 30.09.2008 and 2657/08/2008/A3 dated 11.08.2008 respectively and quash the same and direct the respondents to continue to entrust works to the petitioner as per the orders of the Government in G.O.Ms.No.135, Rural Development [E5] Department, dated 03.07.1998.

For Petitioner : Mr.P.Rajendran [in both W.Ps] For Respondent Nos.1 & 2: Mr.N.Inbanathan [in both W.Ps] Additional Government Pleader For Respondent No.3 : Mr.A.Arumugam [in both W.Ps] C O M M O N O R D E R These Writ Petitions have been filed challenging the order of the second respondent and seeking benefits under G.O.[Ms]. No.135, Rural Development [E5] Department, dated 03.07.1998.

2. Heard Mr.P.Rajendran, learned counsel appearing for the petitioners, Mr.N.Inbanathan, learned Additional Government Pleader appearing for the respondents 1 and 2 and Mr.A.Arumugam, learned counsel appearing for the third respondent.

3. Mr.A.Arumugam, learned counsel appearing for the third respondent submitted that G.O.[Ms].No.135, Rural Development [E5] Department was already superseded by the subsequent G.O. [Ms].Nos.203 and 204, Rural Development and Panchayat Raj [PR.I] Department dated 20.12.2007.

4. In the light of the above facts and the submission made by the learned counsel appearing for the third respondent, both the Writ Petitions are dismissed as infructuous. Consequently, connected Miscellaneous Petitions are closed. No costs. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar sri To 1.The Commissioner of Rural Development and Panchayat Raj, Panagal Buildings, Saidapet, Chennai - 600 015.

2.The Assistant Director of Rural Development [Panchayats] Krishnagiri, Krishnagiri District.

3.The Block Development Officer [Village Panchayat] Morappur Panchayat Union, Krishnagiri District.

4.The Assistant Director of Rural Development [Panchayats], Dharmapuri, Dharmapuri District.

5.The Block Development Officer [Village Panchayat], Karimangalam Panchayat Union, Dharmapuri District.

+ 2 cc to Mr.A.Arumugam Advocate,SR.13097,13098 + 1 cc to The Govt.Pleader, SR.14497 W.P. Nos.15765 and 15850 of 2010 rk(co) nr 27/03/2018