A division bench dismissed the writ appeal against the single judge's order rejecting the challenge to the District Collector's directive regarding seigniorage fee transfer to the Village Panchayat, relying on a prior dismissed PIL.
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1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.01.2016
CORAM :
THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
Writ Appeal(MD) No.8 of 2016
K.Suresh President and Executive Authority, Killiyanallur Panchayat, Killiyanallur, Tiruchirapalli District.
... Appellant
Vs.
1.The State of Tamil Nadu, Rep by the Secretary to Government, Rural Development and Panchayat Raj Department, Fort St., George, Chennai 600 009.
2.The Director of Rural Development, Panagal Maligai, Saidapet, Chennai 600 015.
3.The District Collector, Tiruchirappalli, Tiruchirappalli District.
4.The Assistant Director of Panchayats, Office of the District Collector, Tiruchirappalli,
Tiruchirappalli District.
... Respondents
Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 16.12.2015 made in W.P.(MD)No.22667 of 2015.
Prayer in WP(MD). 22667/ 2015 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus calling for the impugned order passed by the 3rd Respondent in Se.Mu.No.A7/2358/2013 dated 18.11.2014 and quash the same in so far as the Killiyanallur Village Panchayat concerned and direct the 2nd Respondent to transfer the entire seigniorage fee to the Account No.1 namely Village Panchayat Account of Killiyanallur Village Panchayat referred to in the proceedings of the 2nd Respondent dt.18.11.2014.
For Appellant : Mr.V.Selvaraj,
Senior Counsel. for Mr.N.DilipKumar, For Respondents : Mr.A.K.Baskarapandian, Special Government Pleader.
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JUDGMENT
(Judgment of the Court was delivered by V.RAMASUBRAMANIAN,J)
This appeal arises out of an order passed by the learned single Judge dismissing the writ petition filed by the appellant.
2.Heard Mr.V.Selvaraj, learned Senior Counsel appearing for the appellant.
3.The appellant is the President of Killiyanallur Panchayat. He challenged an order of the District Collector, dated 18.11.2014 in a writ petition in W.P(MD)No.22667 of 2015. The writ petition was dismissed by the learned Judge, on the basis of the judgment rendered by the very same Division Bench. As against the order of the learned single Judge, the appellant has come up with the above appeal.
4.Admittedly, the order dated 18.11.2014 passed by the District Collector that was impugned in the writ petition, was also challenged in a public interest litigation in W.P(MD)No.829 of 2015. That public interest litigation was dismissed by us by an order dated 20.11.2015. Therefore, the learned Judge was right in dismissing the writ petition. Hence, the writ appeal is dismissed. No costs.
Sd/-
Assistant Registrar(W)
/True Copy/
Sub Assistant Registrar.
To
3.The District Collector,Tiruchirappalli, Tiruchirappalli District.
+1CC to Mr.N.Dilipkumar,Advocate, SR.No. 1161 +1CC to The Special Government Pleader SR.No. 1062
Writ Appeal(MD) No.8 of 2016 06.01.2016
AM/19.01.2016/PM.MP/SAR-II/2P/7C
K. Suresh
State of Tamil Nadu
Director of Rural Development
District Collector, Tiruchirappalli
Assistant Director of Panchayats
V. Ramasubramanian
N. Kirubakaran
As recorded by the court registry
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