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Madras High CourtWP/25806/2016dismissed as infructuous

V.Chitra v. The District Collector

2018-02-13Honourable Mr Justice K. Kalyanasundaram3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No25806 of 2016 and W.M.P.No.22104 of 2016 V.Chitra ... Petitioner

Versus

1. The District Collector, Villupuram District.

2. Tahsildar, Sankarapuram Taluk, Villupuram District.

3. The Assistant Director of Panchayats, Villupuram District.

4. R.Sinkaravel

5. P.Jeyamani

6. Mrs.M.Anjalai

7. M.Gunasekaran

8. P.Nagajothi

9. M.Jebamalai 10.M.Maria Soosai 11.Mrs.G.Alamelu 12.R.Ganesan ... Respondents (R4 to R12 are impleaded as per order dated 13.02.2018 in WMP No.27045 of 2016 in W.P.No.25806 of 2016)

PRAYER:

Writ Petitions are filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus, calling for the entire records relating to the proceedings of the second respondent in Na.Ka.No.A5/1485/2015 dated 12.07.2016 and quash the same and consequently forbear the respondents from in any manner holding proceedings under Section 205 of the Panchayat Act in pursuance of the said impugned proceedings.

For Petitioner : Mr.P.Srinivas For Respondents : Mr.N.Manikandan Government Advocate (For R1 to R3) Mr.M.Palanimuthu (For R4 to R12)

O R D E R

This writ petition is filed challenging the notice issued by the Tahsildar, Sankarapuram Taluk, Villupuram District for convening a meeting on 28.07.2016, for removal of the President of Sozhampattu Panchayat under Section 205 (1) of the Tamil Nadu Panchayat Act, 1992.

2.According to the private respondents, the petitioner does not belong to Scheduled Caste Community, but by producing fake certificate she was holding the post of President for two terms in the village. The Division Bench in a writ petition in W.P.No.10356 of 2012 issued direction to verify the genuineness of the community certificate and the appeal preferred against the order by the writ petitioner was dismissed by the Hon'ble Supreme Court of India.

3.The learned Government Advocate submitted that the term of the petitioner got expired and the writ petition has become infructuous.

4.In the light of the above fact, the order impugned in this writ petition was issued when the writ petitioner, was holding the post of Panchayat President. Since the term is over, nothing survives in this writ petition.

5.Accordingly, the Writ Petition is dismissed as infructuous.

No costs.

Consequently, the connected

Miscellaneous Petitions are closed.

Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar ah To

1. The District Collector, Villupuram District.

2. Tahsildar, Sankarapuram Taluk, Villupuram District.

3. The Assistant Director of Panchayats, Villupuram District.

+1cc to the Government Pleader, S.R.No.11735 W.P.No25806 of 2016 cs/26/03/18