Writ petition challenging a Government Order downgrading a Town Panchayat was dismissed as infructuous upon the petitioner obtaining permission to withdraw the petition. No substantive legal arguments were adjudicated in this order.
Petition dismissed as infructuous; permit to withdraw granted; consequential miscellaneous petition closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.12.2017 CORAM THE HON'BLE MR. JUSTICE R.SURESH KUMAR W.P.No.17889 of 2004 and W.P.M.P.No.21261 of 2004
S.Raghupathi ...Petitioner
Vs.
Rep. by its Secretary to Government, Municipal Administration & Water Supply Department, Fort St. George, Chennai – 9.
Rep. by Chief Electoral Officer, Public (Election III) Department, Chennai – 9. ...Respondents
Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of declaration declaring the G.O.(MS) No.270 Municipal Administration and Water Supply (Election) Department dated 11.06.2004 downgrading the second respondent Municipality into Village Panchayat thereby modifying the status of the second respondent/Town Panchayat to the status of Village Panchayat in contradiction with the provisions of Constitution of India 74th Amendment and the relevant provisions of District Municipalities Act, read with the letter No.3060/2003-15 dated 18.02.2004 of the third respondent and before the expiry of the elected tenure of the members is illegal, unconstitutional and ultravires to the Article 243 U of the Constitution of India and a colourable exercise of power Section 3B(3) of the Tamil Nadu Districts Municipalities Act, 1920 and inconsistent with the statutory prescriptions therein and opposed to the directives of the Delimitation Commission.
For Petitioner : Mr.R.Gokulakrishnan
For Respondents: Mr.A.Zakir Hussain Government Advocate for R1
O R D E R
Mr.R.Gokulakrishnan, learned counsel appearing for the petitioner submitted that the prayer sought for in the writ petition has become infructuous and he seeks permission to withdraw the writ petition. The learned counsel has also made an endorsement in the Court bundle, today, to that effect.
Sd/-
Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar
rts
To
1. The Secretary to Government,
The State of Tamilnadu,
Municipal Administration &
Water Supply Department,
Fort St. George, Chennai – 9.
2. The Executive Officer,
Ayyampalayam Town Panchayat,
Dindigul District.
3. The Chief Electoral Officer,
The State of Tamil Nadu
Public (Election III) Department,
Chennai – 9.
4. The Public Prosecutor,
High Court, Madras.
+1 cc to the Govt Pleader sr 86928
+1 cc to M/s.G.R.Associates sr 86556
W.P.No.17889 of 2004 and W.P.M.P.No.21261 of 2004
aa09/01/2018
S. Raghupathi
The State of Tamilnadu
Ayyampalayam Town Panchayat
R. SURESH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
