K.Gopal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.08.2017

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.38597 of 2004 and W.P.M.P.46131 of 2004 K.Gopal ..Petitioner Vs.

1. The District Collector, Dharmapuri District, Dharmapuri.

2. The Assistant Director of Rural Development(Audit) Dharmapuri-3.

3. The Block Development Officer, (Village Panchayat) Pappireddipatti Panchayat Union, Dharampuri District.

4. Deputy Block Development Officer, Pappireddipatti Panchayat Union Dharmapuri District.

.. Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the first respondent proceedings Na.Ka.No.3795/2004/A1 dated 06.12.2004 and quash the same and direct the fourth respondent to conduct the regular audit of A.Pallipatti Village Panchayat, Pappireddipatti Taluk for the year 2003-2004.

For Petitioner : Mr.K.Sakthivel For Respondent : Mr.M.Elumalai Government Advocate

O R D E R

The Writ Petition has been filed to call for the records relating to the first respondent proceedings Na.Ka.No.3795/2004/A1 dated 06.12.2004 and quash the same and

direct the fourth respondent to conduct the regular audit of A.Pallipatti Village Panchayat, Pappireddipatti Taluk for the year 2003-2004.

2. Learned counsel for the petitioner submitted that the petitioner died in the year 2010.

3. Learned counsel for the respondent would submit that the petitioner does not has signatory power which is sustainable under the Tamil Nadu Panchayat Act, 202 (ii), 1994. He further submitted that while entertaining the writ petition, this court has refused to grant interim stay.

4. On perusal of the available records and taking note of the fact that the petitioner has no signatory power under the Tamil Nadu Panchayat Act, 202 (ii), 1994 and after lapse of fifteen years, this court feels that nothing survives for adjudication in this writ petition.

In the result, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar gv/gmd To

1. The District Collector, Dharmapuri District, Dharmapuri.

2. The Assistant Director of Rural Development(Audit) Dharmapuri-3.

3. The Block Development Officer, (Village Panchayat) Pappireddipatti Panchayat Union, Dharampuri District.

4. Deputy Block Development Officer, Pappireddipatti Panchayat Union Dharmapuri District.

+1cc to Government Pleader sr.63365 W.P.No.38597 of 2004 and W.P.M.P.46131 OF 2004 ev(co) ss(27/9/2017)