Madras High CourtWP(MD)/11399/2011dismissed as infructuous

M. Gurunathan v. The State Of Tamilnadu

2022-03-31Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI M.Gurunathan

...Petitioner in both WPs

Vs.

1.The State of Tamilnadu represented by The Principal Secretary, Municipal Administration and Water Supply Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The District Collector, Karur District, Collectorate, Karur.

3.The Commissioner, Karur Municipality, O/o Commissioner of Municipality, Karur.

4.The Senapiratti Village Panchayat, Represented by its President, S.Vellalapatti Village and Post, Karur Taluk, Karur District.

...Respondents in both WPs

PRAYER in WP(MD) No.11399 of 2011: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records pertaining to the Order passed by the first respondent in G.O.Ms.No.279, dated 09.11.2011 and G.O.Ms.No.19, dated 14.01.2011 issued by the first respondent and published in the Gazette on 09.11.2010 and 14.01.2011 respectively. PRAYER in WP(MD) No.11400 of 2011:

Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Declaration declaring Section 4(1) (a) of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) as ultra vires the Constitution of India.

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For Petitioner : Mr.B.Pravinkumar For R1 & R2 : Mr.N.Ramesh Arumugam For R3 : Mr.K.Balasubramani (In both WPs) C O M M O N O R D E R This writ petition has been filed as against the order passed by the first respondent in G.O.Ms.No.279, dated 09.11.2011 and G.O.Ms.No.19, dated 14.01.2011 and also to declare Section 4(1) (a) of the Tamil Nadu District Municipalities Act, 1920 (Tamil Nadu Act V of 1920) as ultra vires the Constitution of India. 2.Today(31.03.2022), when the matters are taken up for hearing, the learned counsel appearing for the writ petitioner submits that the prayer sought for in these writ petitions has become infructuous and seeks permission of this Court to withdraw the writ petitions and he has also made an endorsement to that effect.

3.Recording the submission made by the learned counsel for the petitioner, these Writ Petitions are dismissed as infructuous. No Costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) vrn To 1.The Principal Secretary, State of Tamilnadu Municipal Administration and Water Supply Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The District Collector, Karur District, Collectorate, Karur.

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3.The Commissioner, Karur Municipality, O/o Commissioner of Municipality, Karur.

4.The Senapiratti Village Panchayat, Represented by its President, S.Vellalapatti Village and Post, Karur Taluk, Karur District.

+1 CC to M/s.SPL GP ( SR-16073[F] dated 01/04/2022 ) 31.03.2022 RD(02.05.2022) 3P 6C 3/3