The Madras High Court dismissed the Writ Appeal filed by A.Kaviyarasan challenging the Single Judge's order that rejected his petition to inquire into irregularities in erecting cement benches. The Court held that an inquiry was already conducted finding no irregularities, leaving nothing to adjudicate.
The Writ Appeal is dismissed. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.08.2017
CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.A(MD)No.645 of 2015
A.Kaviyarasan .. Appellant/Petitioner
Vs. 1. The Director of Panchayat, Directorate of Panchayat, Kuralagam, Chennai – 108. 2. The District Collector, Thirunelveli District, Thirunelveli. 3. The Executive Officer, Moolakaraipatti Town Panchayat, Moolakaraipatti, Thirunelveli District – 627 354. 4. The President, Moolakaraipatti Town Panchayat, Moolakaraipatti, Thirunelveli – 627 354. .. Respondents/Respondents PRAYER: This Writ Appeal is filed under Clause 15 of Letters Patent, to set aside the order passed by the learned Judge in W.P. (MD) No.17382 of 2014 dated 21.04.2015 on the file of this Court. Prayer in WP(MD). 17382/ 2014 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 to conduct the enquiry regarding the irregularities in erecting the Cement Benches in Moolakaraipatti Town Panchayath, Tirunelveli District in the year 2014 and further to take necessary steps on the enquiry report and pass such other and further orders. For Appellant : No appearance For R1 to R3 : Mr.M.Govindan Special Government Pleader. For R4 : Mr.Aayiram K.Selvakumar
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JUDGMENT
[Judgment of the Court was delivered by G.R.SWAMINATHAN, J.]
The unsuccessful writ petitioner is on appeal challenging the order dated 21.04.2015 made in W.P.(MD) No.17382 of 2014.
2. The appellant herein alleged commission of certain irregularities in the matter of erection of cement benches in Moolakarai Town Panchayat, Thirunelveli District in the year 2014. He wanted an enquiry to be conducted in that regard. When the case was taken up for hearing, it was brought to the notice of the learned Judge that an enquiry was already conducted by the Assistant Director of Panchayats and an enquiry report dated 13.06.2014 was submitted finding commission of no such irregularities as alleged by the writ petitioner. It was in view of the said report that the writ petition came to be disposed of. The learned Judge had given liberty to the writ petitioner to agitate his grievance in the manner known to law.
3 .We find no reason to interfere with the order passed by the learned Single Judge. The writ petitioner wanted an enquiry. An enquiry had actually been conducted and report was also submitted. No irregularity was found. Nothing remains to be adjudicated in this writ appeal. The writ appeal is without any merit. It stands dismissed. No costs.
Sd/-
Assistant Registrar (CS-I)
/True Copy/
Sub Assistant Registrar
To:
SKM
TE/MR-KKR/SAR-I : 21/09/2017 : 2P/6C W.A(MD)No.645 of 2015
08.08.2017
2 issues framed by the court
Whether the Writ Appeal filed by the appellant to set aside the order of Single Judge dismissing a petition for conducting an inquiry should be allowed.
Whether the fact of an inquiry having been conducted with no irregularity found warrants dismissal of the appeal without adjudication.
1 provisions across 1 enactments
A.Kaviyarasan
The Director of Panchayat, Directorate of Panchayat, Kuralagam
The District Collector, Thirunelveli District
The Executive Officer, Moolakaraipatti Town Panchayat
The President, Moolakaraipatti Town Panchayat
G.R.SWAMINATHAN
K.K.SASIDHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
