Madras High CourtWP(MD)/13662/2013dismissed as infructuous

Edwin Jose v. The District Collector,

2017-08-04Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.13662 of 2013 I.Edwin Jose ... Petitioner Vs.

1.The District Collector/ O/o. District Collectorate, Kanyakumari District.

2.The Assistant Director (Village Panchayat), District Collectorate, Kanyakumari District.

3.The Block Development Officer (Village Panchayat), Panchayat Union Office, Kanyakumari District.

4.E.Mary Stella ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondent No.1 to take action against the Respondent No.4 under Section 205(1)(a) of the Tamil Nadu Panchayats Act, 1994.

For Petitioners : Mr.T.Lajapathi Roy For Respondents : Mr.J.Gunaseelan Muthiah, Government Advocate for R.1 to R.3 Mr.N.Dilipkumar for R.4 *****

O R D E R

This writ petition has been filed to issue a Writ of Mandamus directing the first respondent to take action against the fourth respondent, the then President, under Section 205(1)(a) of the Tamil Nadu Panchayats Act, 1994, against the illegal acts committed by him.

2. Heard the learned counsel appearing for the petitioner, the learned Government Advocate appearing for respondents 1 to 3 and the learned counsel appearing for the fourth respondent. https://hcservices.ecourts.gov.in/hcservices/

3. It is a 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 to be passed in this petition. Hence, this Writ Petition is dismissed as having become infructuous. But, it is made clear that it is open to the respondents 1 to 3, to initiate appropriate legal action, against misappropriation of public funds, if any. No costs.

Sd/- Assistant Registrar(C.O) /True Copy/ Sub-Assistant Registrar To 1.The District Collector/ O/o. District Collectorate, Kanyakumari District.

2.The Assistant Director (Village Panchayat), District Collectorate, Kanyakumari District.

3.The Block Development Officer (Village Panchayat), Panchayat Union Office, Kanyakumari District.

+One cc to Mr.T.Lajapathi Roy, Advocate, SR.no.70746 +One cc to Mr.N.Dilipkumar, Advocate, SR.no.70402 +One cc to The Special Government Pleader, SR.No.70803 gk/smn RL/7C/2P/KP/SAR2/17/8/2017 W.P(MD)No.13662 of 2013 https://hcservices.ecourts.gov.in/hcservices/ 04.08.2017