Madras High CourtWP(MD)/19881/2015dismissed

Kubendran, Vice President v. The District Collector

2017-07-14Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.19881 of 2015 1.Kubendran 2.S.Pitchai 3.S.Murugeswari 4.R.Soodamani 5.P.Murugan 6.C.Christhu Rani ... Petitioners Vs.

1. The District Collector, Ramanathapuram District, Ramanathapuram.

2. The Assistant Director (Panchayats), Ramanathapuram District, Ramanathapuram.

3. The Block Development Officer, (Village Panchayat) Kadaladi Panchayat Union, Ramanathapuram District

4. The President, Kannirajapuram Panchayat, Kadaladi Panchayat Union, Ramanathapuram District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to consider the representation of the petitioners dated 14.09.2015 and initiate proceedings as contemplated under Section 205 of the Tamil Nadu Panchayats Act in pursuance of the show cause notice vide Na.Ka.No.U.Ni.6/1056/2014 dated 13.03.2014 and consequently remove the fourth respondent from the post of President of Kannirajapuram Village Panchayat, Kadaladi Panchayat Union, Ramanathapuram District. For Petitioners : Mr.D.Shanmugaraja Sethupathi For Respondents : Mr.S.Kumar, Additional Government Pleader for R.1 to R.3 No appearance for R.4 https://hcservices.ecourts.gov.in/hcservices/

O R D E R

This writ petition has been filed to issue a Writ of Mandamus, to direct the first respondent to consider the representation of the petitioners dated 14.09.2015 and to remove the fourth respondent from the post of President of Kannirajapuram Village Panchayat, Kadaladi Panchayat Union, Ramanathapuram District.

2. Heard the learned counsel for the petitioners and the learned Additional Government Pleader appearing for the respondents 1 to 3.

3. It is common knowledge that the posts of President, Vice President, etc., are no more in existence and therefore, this Court is of the view that no further order is required in this petition, related to their day to day administration. Hence, this Writ Petition is dismissed as having become infructuous. But, it is made clear that it is always open to the petitioners to approach the concerned authority for initiating appropriate legal action against misappropriation of public funds, if any. No costs.

Sd/- Assistant Registrar (AD-II) /True copy/ Sub Assistant Registrar To

1. The District Collector, Ramanathapuram District, Ramanathapuram.

2. The Assistant Director (Panchayats), Ramanathapuram District, Ramanathapuram.

3. The Block Development Officer, (Village Panchayat) Kadaladi Panchayat Union, Ramanathapuram District.

+1 CC to M/s.D.SHANMUGARAJA SETHUPATHI, Advocate, SR No. 65453/17. +1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No.65876. GK PSM/MR-KKR/SAR2/26.07.2017/2P/6C ORDER MADE IN W.P(MD)No.19881 of 2015 14.07.2017 https://hcservices.ecourts.gov.in/hcservices/