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Madras High CourtWP/1107/2025dismissed as infructuous

T.Sonia Thirumal v. The District Collector And Inspector Of Panchayats

2025-03-21Honourable Mr Justice J.Sathya Narayana Prasad6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2025

CORAM

THE HONOURABLE MR JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.Nos.1348 & 1350 of 2025 1.Tmt.T.Sonia Thirumal The President, Kuppatha Mottur Village Panchayat, Katpadi Panchayat Union, Vellore District.

2. J.Sathishkumar ....Petitioners Vs.

1.The District Collector and Inspector of Panchayats, Vellore District, Vellore.

2. The Assistant Director (Panchayats), Vellore District, Vellore.

3. The Block Development Officer (VP), Katpadi Panchayat Union, Katpadi & Post, Vellore District.

4. The Tahsildar, Katpadi Taluk, Vellore District.

...Respondents

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Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, to call for the records of the 4th respondent pertaining to the proceedings in Na.Ka.Aa3/3188/2024, dated 02.01.2025 and quash the same.

For Petitioner : Mr.S.Kamadevan For Respondents : M/s.R.L.Karthika, Government Advocate *********

O R D E R

This Writ Petition has been filed in the nature of a writ of certiorari seeking records relating to the proceedings in Aa3/3188/2024, dated 02.01.2025, and to quash the same. These proceedings were initiated by the 4th respondent, the Tahsildar, Katpadi Taluk, Vellore District.

2. The learned counsel for the petitioner submitted that the initiation of proceedings under Sections 203, 204, 205(1)(a), and 206(1)(a) of the Tamil Nadu Panchayat Act, 1994, for the removal of the Vice President requires that it be forwarded to the District Collector for a formal opinion, either to accept or reject the explanation. In the event that the explanation is rejected, a copy of the notice, along with the charges framed against the President or Vice President, as the case may be, must be forwarded to the concerned Tahsildar.

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3. The learned Government Advocate appearing for the respondents submitted that pursuant to the impugned notice dated 07.01.2025, a meeting was held on 21.01.2025, at 11:00 a.m. Further, as directed by this Court in an order dated 20.01.2025, the minutes of the meeting have been submitted before this Court in a sealed cover.

4. Heard both sides and perused the materials available on record.

5. This Court by an order dated 20.01.2025 has made it clear that: "2. Let the meeting be conducted on 21.01.2025 at 11.00a.m., by the village Panchayat as directed in the impugned notice.

3. The minutes of the meeting may be produced before this Court.

4. Let not any decision taken be put into effect.

5. List the matter once again on 04.02.2025."

6. Pursuant to the above order, the learned Government Advocate appearing for the respondents submitted that the minutes of the meeting were submitted in a sealed cover, wherein all the counsels participated and 3/6

also provided their views. The minutes of the meeting, which was held on 21.01.2025, at 11:00 a.m., have been forwarded by the fourth respondent, the Tahsildar, to the District Collector and Inspector of Panchayats (first respondent), on 02.01.2025, in Aa3/3188/2024.

7. The District Collector and Inspector of Panchayats is yet to pass an order based on the minutes of the meeting forwarded by the 4th respondent.

8. In view of the above, nothing survives in the writ petition for further adjudication. Accordingly, the Writ Petition is dismissed as infructuous. No costs. Consequently, the connected W.M.Ps are closed. 24.03.2025 nvi Index : Yes/No Speaking Order: Yes/No 4/6

To 1.The District Collector and Inspector of Panchayats, Vellore District, Vellore.

2. The Assistant Director (Panchayats), Vellore District, Vellore.

3. The Block Development Officer (VP), Katpadi Panchayat Union, Katpadi & Post, Vellore District.

4. The Tahsildar, Katpadi Taluk, Vellore District.

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J.SATHYA NARAYANA PRASAD . J., nvi W.P.No.1607 of 2025 and W.M.P.No.1831 of 2025 24.03.2025 6/6