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Madras High CourtWP(MD)/5707/2016dismissed as infructuous

M.Balumani, Amur Post, v. The Inspector Of Panchayat

2016-09-16Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.09.2016

CORAM

THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.5707 of 2016 and W.M.P(MD)Nos.5143 to 5145 and 7196 of 2016 M.Balumani ... Petitioner vs.

1)The Inspector of Panchayat and District Collector, Trichy District.

2)The Assistant Director of Panchayats, Trichy, Trichy District.

3)The Block Development Officer, Musiri, Trichy District.

4)The President, Yevur Village Panchayt, Musiri, Trichy District.

... Respondents Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the records relating to the proceedings of the Impugned order in Na.Ka.No.A2/2988/2015 dated 01.02.16 the file of the 1st respondent and quash the same.

For Petitioner : Mr.R.Maheshwaran For R1 & R2 : Mr.N.S.Karthikeyan, Additional Government Pleader For R3 : Mr.M.Rajarajan, Government Advocate For R4 : Mr.M.Senthil Kumar

ORDER

The petitioner is the Vice President of Yevur Panchayat and the 4th respondent is the President of Yevur Panchayat. While the petitioner alleged misappropriation of panchayat fund against the 4th respondent, the 4th respondent also made allegations against the petitioner that he is not co-operating for smooth functioning of the panchayat. While so, observing that there is non co-operation between the President and Vice President of Yevur Panchayat and https://hcservices.ecourts.gov.in/hcservices/

that the President has given a report that Yevur Panchayat Administration is not properly functioning, the 1st respondent/Inspector of Panchayat and District Collector, Trichy District, in exercise of the power under Section 204(3) of the Tamil Nadu Panchayats Act, has issued the impugned proceedings dated 01.02.2016, authorising the 4th respondent to perform the affairs of the Panchayat on his own without conducting any panchayat meeting for a period of six months from the date of the order impugned.

2.Perusal of the impugned order shows that the period of six months mentioned therein has expired on 01.08.2016. Therefore, the relief sought for itself has become infructuous. Accordingly, the Writ Petition is dismissed as infructuous. No costs. Interim order already granted is vacated. Consequently, W.M.P(MD)Nos.5143 to 5145 and 7196 of 2016 are closed.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar nbi To 1)The Inspector of Panchayat and District Collector, Trichy District.

2)The Assistant Director of Panchayats, Trichy, Trichy District.

3)The Block Development Officer, Musiri, Trichy District.

4)The President, Yevur Village Panchayt, Musiri, Trichy District.

+1CC to Mr.M.Senthil Kumar, Advocate Sr.No.53014 +1CC to Mr.R.Maheswaran, Advocate Sr.No.53315 GJM/SS2/3.10.1016-2p-7c W.P(MD)No.5707 of 2016 16.09.2016 https://hcservices.ecourts.gov.in/hcservices/