Madras High CourtWP(MD)/7653/2013dismissed as infructuous

S.Rajkumar 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.7653 of 2013 and M.P(MD)No.1 of 2013 S.Rajkumar ... Petitioner Vs.

1. The District Collector and the Inspector of Panchayats, Madurai District, Madurai - 625 020.

2. The Project Officer, District Rural Development Agency, Madurai District, Madurai - 625 020.

3. The Assistant Director (Panchayats), Madurai - 625 020.

4. The Block Development Officer (Village Panchayats), Thiruparankundram Panchayat Union, Thiruparankundram, Madurai.

5.R.Alagumalai ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to conduct an enquiry on the complaint made by the petitioner on 04.04.2013 and to pass orders in accordance with Section 205(1)(a) of the Tamil Nadu Panchayat Act, 1994 to remove the fifth respondent from the post of President, Karadipatty Village Panchayat in Thiruparankundram Panchayat Union, Madurai District within a time limit to be fixed by this Court.

For Petitioner : Mr.M.Venkatesan For Respondents 1 to 3 : Mr.J.Gunaseelan Muthiah, Government Advocate.

For Respondent No.4 : Mr.M.Murugan https://hcservices.ecourts.gov.in/hcservices/ For Respondent No.5 : Mr.T.Lajapathi Roy

O R D E R

This writ petition has been filed seeking a writ of mandamus to direct the first respondent to conduct an enquiry on the basis of the complaint given by the petitioner dated 04.04.2013, seeking to take action against the fifth respondent for irregularities and misappropriation of funds and pass orders in accordance with Section 205(1)(a) of the Tamil Nadu Panchayat Act, 1994 and remove the fifth respondent from the post of President, Karadaipatty Village Panchayat in Thiruparankundram Panchayat Union, Madurai District.

2.Heard the learned counsel appearing on either side. 3.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 with regard to misappropriation of funds, it is always open to the petitioner to approach the concerned authorities for appropriate relief. No costs. Consequently, connected Miscellaneous Petition is dismissed. Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar To

1. The District Collector and the Inspector of Panchayats, Madurai District, Madurai - 625 020.

2. The Project Officer, District Rural Development Agency, Madurai District, Madurai - 625 020.

3. The Assistant Director (Panchayats), Madurai - 625 020.

4. The Block Development Officer (Village Panchayats), Thiruparankundram Panchayat Union, Thiruparankundram, Madurai.

+1 cc to Mr.M.Venkatesan , Advocate in SR.No. 70554 +1 cc to The Special Government Pleader in SR.No.71328 smn AE/SKN RSK/SAR3/22.08.2017/2P/7C ORDER MADE IN W.P(MD)No.7653 of 2013 and M.P(MD)No.1 of 2013 04.08.2017 https://hcservices.ecourts.gov.in/hcservices/