Madras High CourtWP(MD)/21246/2015dismissed

Makkal Nala Iyakam Sivanthi v. The District Collector

2016-09-28Honourable Mr Justice M.V. Muralidaran,Honourable Mr Justice S. Nagamuthu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P(MD)No.21246 of 2015 1 MAKKAL NALA IYAKAM SIVANTHIPURAM A SOCIETY REGD. UNDER TN SOCIETIES ACT REP. BY ITS EXECUTIVE MEMBER/AUTHORISED SIGNATORY MR.D.JEYAKODI JACOB HAVING OFFICE AT D.NO.5/343D REHOBATH PLAZA MAIN ROAD, KIZH SIVANTHIPURAM, VIKARAMASINGAPURAM, TIRUNELVELI 627 425.

.. PETITIONER Vs.

1 THE DISTRICT COLLECTOR, AND INSPECTOR OF PANCHAYATS, TIRUNELVELI DISTRICT, TIRUNELVELI.

2 ASSISTANT DIRECTOR(PANCHAYATS), TIRUNELVELI DISTRICT, TIRUNELVELI.

3 BLOCK DEVELOPMENT OFFICER, AMBASAMUDRAM PANCHAYAT UNION , TIRUNELVELI.

4 P.RAECHEL 5 FRANKLIN SELVARAJ 6 S.GOPALAKRISHNAN .. RESPONDENTS Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to remove the Fourth Respondent from the post as President of Sivanthipuram Village Panchayat invoking the powers under Section 205 of the Tamil Nadu Panchayats Act 1994 based on the complaint dated 03.08.2015 given by the Petitioner Society and consequently directing the First Respondent to proceed against the Respondents in accordance with law.

For Petitioner : Ms.S.Deepika For Respondents : Mr.T.R.Janarthanam Addl. Government Pleader for R1 & R2 Mr.N.Karthikeyan for R4 No appearance for R3 & R5 https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by S.NAGAMUTHU, J.) The petitioner has come up with this public interest litigation seeking a direction to the first respondent to hold enquiry invoking the powers under Section 205 of the Tamil Nadu Panchayats Act 1994 against the 4th respondent, who is the Village Panchayat Board President of Sivanthipuram Village Panchayat in Tirunelveli District and to remove him from the post.

2. This writ petition has been filed on various allegations against the 4th respondent. In our considered view, since the term of office of the 4th respondent is over soon and election notification has also been issued by the Election Commission, nothing survives for adjudication in this petition. Accordingly, this petition is dismissed. No costs. Consequently connected Miscellaneous Petitions are also dismissed.

Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar To 1 THE DISTRICT COLLECTOR, AND INSPECTOR OF PANCHAYATS, TIRUNELVELI DISTRICT, TIRUNELVELI.

2 ASST. DIRECTOR(PANCHAYATS), TIRUNELVELI DISTRICT, TIRUNELVELI 3 BLOCK DEVELOPMENT OFFICER, AMBASAMUDRAM PANCHAYAT UNION , TIRUNELVELI.

+ 1 CC TO M/S.S.DEEPIKA, ADVOCATE IN SR No. 56921 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 57041 RR TE/SK-SKN : 19/10/2016 : 2P/6C ORDER MADE IN W.P(MD)No.21246 of 2015 28.09.2016 https://hcservices.ecourts.gov.in/hcservices/