The President v. M. Azhagesan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.01.2021

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA AND THE HONOURABLE MRS.JUSTICE S.KANNAMMAL W.A(MD)No.910 of 2014 and M.P(MD)No.1 of 2014 The President, Ammachiapuram Village Panchayat, ... Appellant/4th Respondent/ 4th Respondent Vs.

1.M.Azhagesan ... 1st Respondent/Petitioner/ Petitioner

2. The District Collector, Office of the District Collector, Theni District.

3. The Assistant Director (Panchayat), Office of the District Collector,

4. The Block Development Officer, (Village Panchayats), Aundipatty, ... Respondents 2 to 4/Respondents 1 to 3/ Respondents 1 to 3 Prayer: Writ Appeal filed under Clause 15 of the Letters Patent against the order, dated 04.06.2014 made in M.P(MD)No.3 of 2014 in W.P(MD)No.8752 of 2014, on the file of this Court. Prayer in MP(MD). 3/ 2014 in WP(MD).8752/2014 : Petition praying that to direct the respondents herein to forthwith pay subsistence allowance of 50% from the date of suspension on 25.08.2008 and 75% in accordance with law pending disposal of the above writ petition.

For Appellant : Mr.R.Murugan For R - 1 : No appearance For RR 2 to 4 : Mr.M.Murugan, Additional Government Pleader.

JUDGMENT

(Judgment of the Court was delivered by PUSHPA SATHYANARAYANA,J.) The writ petition in W.P(MD)No.8752 of 2014 was originally filed by the first respondent / writ petitioner challenging the order of suspension passed by the fourth respondent / third respondent.

2.The learned Single Judge, by order dated 04.06.2014, granted an interim direction directing the appellant / fourth respondent to pay the subsistence allowance, which the first respondent / writ petitioner is entitled to get.

3.Aggrieved by the interim direction, the above Writ Appeal is filed by the President, Ammachiapuram Village Panchayat, Theni District / fourth respondent.

4.Today, when the matter is taken up for hearing, Mr.M.Murugan, learned Additional Government Pleader appearing for the respondents 2 to 4 submitted that the Writ Petition in W.P(MD) No.8752 of 2014 itself was dismissed on 27.10.2014 and therefore, the Writ Appeal has become infructuous.

5.Recording the statement made by the learned Additional Government Pleader, the Writ Appeal is dismissed as infructuous. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (Crl. Side)) // True Copy // / /2021 Sub Assistant Registrar(CS ) To

1. The District Collector, Office of the District Collector,

2. The Assistant Director (Panchayat), Office of the District Collector,

3. The Block Development Officer, (Village Panchayats), Aundipatty, +1cc to The Special Government Pleader in SR.No.444 W.A(MD)No.910 of 2014 05.01.2021 ps AE (18/01/2021) 3P / 5C