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Madras High CourtWP(MD)/21913/2016disposed of

Pitchaimani, S/O.Karuppiah v. The Principal Secretary

2024-02-26Honourable The Chief Justice,Honourable Mr Justice G.Ilangovan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 26/02/2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HON'BLE MR.JUSTICE G.ILANGOVAN Pitchaimani, ... Petitioner v.

1. The Principal Secretary, Government of Tamilnadu, Rural Development & Panchayat Raj Department, Fort. St.George, Chennai 600 009.

2. The Secretary, Tamilnadu State Election Commission, Chennai 600 106.

3. The State Election Officer /, Director, Rural Development & Panchayat Raj Department, Saidapet, Chennai 600 015.

4. The Inspector of Panchayat, / District Collector / District Election Officer, Collectorate, Virudhunagar.

5. The Returning Officer /, Commissioner, Narikudi Panchayat Union, Narikudi, Thiruchuli Taluk, Virudhunagar Dist.

... Respondents 1/5

PRAYER :- Writ Petition is filed for issuance of a Writ of Certiorarified Mandamus calling for the records relating to G.O(Ms)No.105 of Department of Rural Development and Panchayat Raj (C4) Department dated 1.9.2006 and the consequent G.O(Ms)No.102 of Department of Rural Development and Panchayat Raj (C4) Department dated 16.9.2016 and quash the same as far as the reservation of office of the President of Kottachiyendal Village Panchayat is concered and direct the Respondents to rotate the reservation of Village Panchayat to SC/ST as per the Law by de-reserving the office of the President of Kottachiyendal village panchayat and conduct election.

For Petitioner : M/s.K,S.Duraipandian For Respondents : Mr.T.Amjad Khan for R1, R3 to R5 Government Advocate No appearance for R2

ORDER

[Order of the Court was made by The Hon'ble The CHIEF JUSTICE] Heard Mr.K.S.Duraipandian, learned counsel for the petitioner and Mr.T.Amjad Khan, learned Government Advocate, for the respondents 1,3 and 5.

2. The petitioner challenges G.O.(Ms) No.105 dated 01.09.2006 with regard to the reservation of office of the President of Kottachiyendal 2/5

Village Panchayat and seeks further direction to rotate the reservation of Village Panchayat to SC/ST.

3. It appears that thereafter the elections had been held in the year 2019 and the tenure of the member of the panchayat would also come to an end in 2024.

4.In light of that, nothing would survive for adjudication in the writ petition. In case, the petitioner is aggrieved by the fresh reservation/non-reservation to the said post, the petitioner may agitate afresh.

5.The writ petition accordingly stands disposed of. However, there shall be no order as to costs.

[S.V.G., CJ.] [G.I., J.] 26.02.2024 NCC :

Yes/No Index :

Yes/No RR 3/5

TO

1. The Principal Secretary, Government of Tamilnadu, Rural Development & Panchayat Raj Department, Fort. St.George, Chennai 600 009.

2. The Secretary, Tamilnadu State Election Commission, Chennai 600 106.

3. The State Election Officer /, Director, Rural Development & Panchayat Raj Department, Saidapet, Chennai 600 015.

4. The Inspector of Panchayat, / District Collector / District Election Officer, Collectorate, Virudhunagar.

5. The Returning Officer /, Commissioner, Narikudi Panchayat Union, Narikudi, Thiruchuli Taluk, Virudhunagar Dist.

4/5

THE HON'BLE THE CHIEF JUSTICE and G.ILANGOVAN, J.

RR W.P.(MD)No.21913 of 2016 26.02.2024 5/5