Madras High CourtWP(MD)/17604/2016dismissed as infructuous

Thirukkannan, S/O.Mottaiyan, v. The District Collector

2017-07-27Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.17604 of 2016 and W.M.P(MD)Nos.12716 and 12717 of 2016 Thirukkannan ... Petitioner Vs.

1. The District Collector, Theni District, Theni.

2. The Assistant Director of Panchayat (Audit), Theni Collectorate, Theni.

3. The Block Development Officer (Village Panchayats), Bodinayakkanur Panchayat Union, Panchayat Union Office, Bodinayakkanur, Theni District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records relating to the impugned proceedings in Na.Ka.No.19785/2012/Q2, dated 02.03.2016 passed by the first respondent and quash the same.

For Petitioner : Mr.V.Sankaranarayanan For Respondents 1 & 2 : Mr.S.Kumar, Additional Government Pleader.

For Respondent No.3 : Mr.K.Mahesh Raja

O R D E R

This writ petition has been filed, questioning the impugned order of the first respondent passed in Na.Ka.No.19785/2012/Q2, dated 02.03.2016, wherein it is stated that the cheque signing power of the panchayat, will not be returned to the petitioner, due to misappropriation of funds and also the reasons mentioned therein.

https://hcservices.ecourts.gov.in/hcservices/ 2.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 respondents to initiate appropriate legal action against misappropriation of public funds. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(Co) /True copy/ Sub Assistant Registrar To

1. The District Collector, Theni District, Theni.

2. The Assistant Director of Panchayat (Audit), Theni Collectorate, Theni.

3. The Block Development Officer (Village Panchayats), Bodinayakkanur Panchayat Union, Panchayat Union Office, Bodinayakkanur, Theni District.

+1 cc to The Special Government Pleader in SR.No. 69032 smn AE/MR KKR/SAR3/09.08.2017/2P/5C ORDER MADE IN W.P(MD)No.17604 of 2016 and W.M.P(MD)Nos.12716 and 12717 of 2016 27.07.2017 https://hcservices.ecourts.gov.in/hcservices/