The Madras High Court dismissed a writ petition seeking a declaration that certain municipal requisitions and resolutions were illegal. The court held that since the posts involved were no longer in existence, the petition had become infructuous.
No further order required as the petition became infructuous.
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.
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.07.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN
W.P(MD)No.13783 of 2015 and M.P(MD)Nos.1 & 2 of 2015
I.Abeedha ... Petitioner
Vs.
1.The State of Tamil Nadu, Rep. By its Secretary, Department of Municipality Administration,
Fort St. George, Chennai.
Municipal Administration Department, Ezhilagam, Annex, 6th floor,
Chepauk, Chennai – 5.
Tirunelveli District.
Thoothukudi.
Thoothukudi District.
6.Gandhiraj
... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Declaration declaring the impugned requisition dated 07.07.2015 and the consequential proceedings/agenda dated 23.07.2015 and the resolution of the Kayalpattinam Municipality dated 27.07.2015 pursuant to the said agenda to be illegal.
For Petitioner : Mr.M.Mahaboob Athiff For Respondents : Mr.J.Gunaseelan Muthiah
Government Advocate for R.1 to R.4 No appearance for R.5 Mr.M.Rajarajan, for R.6
2
O R D E R
This writ petition has been filed to issue a Writ of Declaration to declare the impugned requisition dated 07.07.2015, the consequential agenda dated 23.07.2015 and the resolution of the Kayalpattinam Municipality dated 27.07.2015, pursuant to the said agenda, to be illegal.
Sd/-
Assistant Registrar(P&A)
/True Copy/
Sub-Assistant Registrar
To
1.The Secretary,
Department of Municipality Administration,
Fort St. George, Chennai.
Municipal Administration Department,
Ezhilagam, Annex, 6th floor,
Chepauk, Chennai – 5.
3.The Regional Director of Municipal Administration, Tirunelveli Region, Tirunelveli District.
4.The District Collector, Thoothukudi District, Thoothukudi.
+One cc to M/s.Ajmal Associates, Advocate, SR.No.66484 +One cc to Mr.M.Rajarajan, Advocate, SR.No.67037 gk
RL/7C/2P/SV/SAR1/28/7/2017
W.P(MD)No.13783 of 2015 and M.P(MD)Nos.1 & 2 of 2015
20.07.2017
1 issue framed by the court
Whether the writ petition regarding illegal requisition and resolution remains maintainable when the posts in question are no longer in existence.
I.Aabeedha
State of Tamil Nadu
Commissioner of Municipal Administration
Regional Director of Municipal Administration
District Collector, Thoothukudi
Gandhiraj
R. Mahadevan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
