Vanthavasi Rice Mill Owners v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.07.2024

CORAM:

THE HON'BLE MR.D. KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Vanthavas Rice Mill Owners Association No.82, Accharapakkam Road, Vandavasi-604408.

Represented by its President V.Paneer Selvam. ... Petitioner versus 1.State of Tamil Nadu Represented by Principal Secretary to the Government, Rural Development and Panchayat Raj Department, Fort St.George, Chennai-600009.

2.District Collector, Collectorate, Tiruvannamalai District- 606604.

3.Commissioner Vanthavasi Panchayat Union, Vanthavasi 1/5

4.Commissioner Tellar Panchayat Union Tellar Vanthavasi -604046.

5.Commissioner Pernamallur Panchayat Union Pernamallur Vanthavsi -604503. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of a writ of Certiorarified Mandamus, calling for the records of the second respondent comprised in impugned notification Ka.No:7918/A5/2012/U.E (U), dated 31.01.2013 and quash the same as illegal, arbitrary, unconstitutional and ultra virus the Tamil Nadu Panchayats Act, 1994 and consequently direct the 3,4,5 respondents to refund the sums collected, pursuant to or under the authority of the impugned order. For the Petitioner :Mr.Rahul Balaji For the Respondents :Mr.A.Edwin Prabakar State Government Pleader for respondents 1 and 2 Mr.R.A.S.Senthilvel for respondents 4 and 5 No appearance -third respondent 2/5

ORDER

(Made by the Hon'ble Acting Chief Justice) This writ petition is filed challenging the impugned notification Ka.No:7918/A5/2012/U.E (U), dated 31.01.2013 issued by the second respondent.

2. Learned State Government Pleader appearing for the respondents 1 and 2 submits now that the Tamil Nadu Panchayat (Sixth Amendment) Act, 2004 had come into force with effect from 22.02.2024, amending Section 159 of the Tamil Nadu Panchayat Act, 1994, which deals with granting of trade license, the prayer as for by the petitioner has become infructuous.

3. In view of the above submissions made by the learned State Government Pleader, nothing further survives for adjudication in the writ petition. Consequently, the writ petition stands dismissed as infructuous. The consequential demand that has been raised by the respondent panchayat cannot be entertained by this court. It is for the individual, if aggrieved by 3/5

the said demand, to agitate the same before the appropriate forum, if so advised. Consequently, MP No.2 of 2014 is closed. (D.K.K., ACJ.) (K.B., J.) 25.07.2024 Index : Yes/No mrn To 1.The Principal Secretary to the Government, State of Tamil Nadu Rural Development and Panchayat Raj Department, Fort St.George, Chennai-600009.

2.The District Collector, Collectorate, Tiruvannamalai District- 606604.

3.The Commissioner Vanthavasi Panchayat Union, Vanthavasi 4.The Commissioner Tellar Panchayat Union Tellar Vanthavasi -604046.

5.The Commissioner Pernamallur Panchayat Union Pernamallur Vanthavsi -604503.

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THE HON'BLE ACTING CHIEF JUSTICE and K.KUMARESH BABU,J.

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