?IN THE HIGH COURT OF JUDICATURE AT MADRAS %DATED: 07/09/2006 *CORAM The Honble Mr.Justice P.SATHASIVAM and The Honble Mr.Justice S.MANIKUMAR +Writ Petition No.730 of 1997 #M.Kanagarajan xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx $State xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx !FOR PETITIONER : K.Sakthivel ^FOR RESPONDENT : D.Geetha :ORDER
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:- 07.09.2006
Coram:-
The Honble Mr. Justice P.SATHASIVAM
and
The Honble Mr. Justice S.MANIKUMAR
Writ Petition No.730 of 1997
&
WPMP No.1174 of 1997
M.Kanagarajan … Petitioner
Vs.
1.The State rep. by its
Secretary,
Public (General) Department,
Fort St. George,
Chennai-600 009.
2.The District Collector,
Periyar District.
3.Punjai Puliampatti Town Panchayat,
rep. by the Executive Officer,
Periyar District. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to release the 21 persons referred to in para 5 of the affidavit.
For Petitioner : Mr.K.Sakthivel For Respondents 1& 2 : Mr.D.Geetha, Additional Government Pleader ORDER
(Order of the Court was made by P.SATHASIVAM, J.)
The petitioner has filed this Public Interest Litigation seeking to quash the resolutions 4 and 5 dated 27.11.1996 passed by the third respondent-Punjai Puliampatti Town Panchayat, in pursuance of G.O.Ms.No.2406 dated 25.11.1977 Public (General) Department.
2. The counter affidavit filed by the third respondent shows that the resolution had been sent to the Government for approval and till filing of the counter dated 14.02.1997, the Town Panchayat has not received any intimation nor an order approving the said resolution.
3. In the light of the information by the Executive Officer, Town Panchayat and of the fact that based on the resolution of the panchayat without approval by the Government, no action can be taken, we are of the view that no further adjudication is required at this juncture. It is made clear that if any order is passed by the Government contrary to the Government Order referred to above, the petitioner is free to approach this Court for appropriate relief.
3. With the above observation, the writ petition is dismissed. No costs. Consequently, WPMP No.1174 of 1994 is also dismissed.
raa
To
1.The Secretary,
Public (General) Department,
Fort St. George,
Chennai-600 009.
2.The District Collector,
Periyar District.
3.The Executive Officer,
Punjai Puliampatti Town Panchayat,
Periyar District.
[VSANT 7880]
D.Geetha