M.Sethuraman v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.No.22519 of 2019 M.Sethuraman ... Petitioner Vs.

1. The Secretary to Government Local Administration of water Supply Department Fort St.George, Chennai 600 009.

2. The Tamil Nadu Local Bodies Ombudsman, No.100, Anna Salai Rep.by its Secretary Guindy, Chennai 600 032.

3. The Director of Town Panchayats II floor, Kuralagam, Chennai 600 108.

4. The Inspector of Panchayats/ District Collector, Erode District,

5. The Assistant Director of Town Panchayats Collectorate,

6. The Executive Officer, Vengambur Town Panchayat Vengambur, Erode District.

7. T.Sivakumar ... Respondents PRAYER : Writ Petition filed under Article 226 of Constitution of India, to issue Writ of Certiorarified Mandamus to call for the records of the impugned order dated 05.12.2018 passed by the 2nd respondent in Appeal Petition No.845/2016/PAE, and quash the same and direct the 2nd respondent to reconsider the entire issue afresh in the light of the documents submitted by the petitioner to prove the allegations against the 7th respondent. For Petitioner : No appearance For Respondents : Mr.T.Seenivasan Special Govt.Pleader for R1 to R5 Mr.V.Nanmaran Addl.Government Pleader for R6 & R7

O R D E R

This writ petition has been filed for issuance of a Certiorarified Mandamus to call for the records of the impugned order dated 05.12.2018 passed by the 2nd respondent in Appeal Petition No.845/2016/PAE, and quash

the same and direct the 2nd respondent to reconsider the entire issue afresh in the light of the documents submitted by the petitioner to prove the allegations against the 7th respondent.

2. It is the contention of the petitioner that the order dated 05.12.2018 had been passed only on the instigation of the other respondents, but however once the order had been passed the official becomes functus officio and there cannot be re-visitation of the order passed by the 2nd respondent. The order had been passed only on the basis of the available records. The 7th respondent had also resigned from the private entity before his election as President of the 6th respondent. Records are available in that regard. The learned counsel for the petitioner is also absent.

3. Accordingly, the writ petition stands dismissed. No costs. 13.12..2024 dpq Index : Yes /No Speaking Order : Yes/No

To

1. The Secretary to Government Local Administration of water Supply Department Fort St.George, Chennai 600 009.

2. The Tamil Nadu Local Bodies Ombudsman, No.100, Anna Salai Rep.by its Secretary Guindy, Chennai 600 032.

3. The Director of Town Panchayats II floor, Kuralagam, Chennai 600 108.

4. The Inspector of Panchayats/ District Collector, Erode District,

5. The Assistant Director of Town Panchayats

Collectorate,

6. The Executive Officer, Vengambur Town Panchayat Vengambur, Erode District.

C.V.KARTHIKEYAN, J.

dpq W.P.No.22519 of 2019

13.12.2024