LAWS(MAD)-2008-6-347

C J SENTHIL KUMAR Vs. M RANI MUNIRATHINAM

Decided On June 30, 2008
C.J. SENTHIL KUMAR Appellant
V/S
M. RANI MUNIRATHINAM Respondents

JUDGEMENT

(1.) THE appellants - interveners in the Writ Petition, who are the ward members of Pallipattu Town Panchayat, filed this appeal questioning the correctness of the order dated 23.11.2007 made in Writ Petition No.34715 of 2007, in which G.O.(D) No.426, Municipal Administration and Water Supply (TPZ) Department dated 12.9.2007 removing the first respondent from the office of the President of Pallipattu Town Panchayat under Section 40A(12) of the Tamil Nadu District Municipalities Act, 1920, (Tamil Nadu Act V of 1920), (hereinafter referred to as "the Act") has been quashed.

(2.) THE material facts, which are necessary for disposal of the writ appeal, are as follows:

(3.) MR. Raghavachari, learned counsel appearing for the appellants has contended that the order impugned is passed without appreciating the scope of the writ petition in W.P.No.27629 of 2007 and the order is in error in giving much importance to the interim order, without considering the nature of the final order passed in the writ petition. He further contended that the interim order passed would automatically merge with the final order. That aspect of the matter has not been taken into consideration while passing the impugned order. The dispute in the earlier case was concerned only about the issuance of the notice and when a final decision has been taken pursuant to the notice, the writ petition virtually becomes infructuous. That aspect of the matter has not been considered in the order impugned.