D.Poornima Rangarajan v. The Inspector Of Panchayat/The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.02.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.1500 of 2023 & WMP.No.1593 of 2023 D.Poornima Ranagarajan President of Marudur Village Panchayat, Karamadai Panchayat Union, Mettupalayam Taluk, Coimbatore District.

... Petitioner Vs

1. The Inspector of Panchayat/, The District Collector, Coimbatore District, Coimbatore.

2. The Assistant Director of Rural Development [Audit], Coimbatore District.

3. The Block Development Officer [VP] Karamadai Panchayat Union, Mettupalayam Taluk, Coimbatore District.

... Respondents Prayer:- Writ Petition is filed, under the Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records of the first respondent's impugned Order in Na.Ka.No.2574/2021[1]/A3 1/5

dated -.12.2022 and quash the same and consequently forbearing the respondents from in any manner holding any proceedings under Section 205 of the Tamilnadu Panchayat Act, 1994 on the basis of the impugned proceedings dated -.12.2022.

For Petitioner : Mr.N.Srinivasan For Respondents : Mr.N.Naveen Kumar Government Advocare - R1 & R2 Mr.T.Chezhiyan - R3

ORDER

This Writ Petition has been filed to quash the impugned Order in Na.Ka.No.2574/2021[1]/A3 dated -.12.2022 of the first respondent and consequently forbear the respondents from in any manner holding any proceedings under Section 205 of the Tamilnadu Panchayat Act, 1994 on the basis of the impugned proceedings dated -.12.2022.

2. Challenging the show cause notice issued by the Inspector of the Panchayat, this Writ Petition has been filed. The learned counsel appearing for the petitioner would submit that as the documents in 2/5

question are not in the custody of the petitioner, the petitioner could not give a proper explanation.

3. The learned Government Advocate appearing for the first respondent would submit that the documents are available with the first respondent.

4. In reply, the learned counsel appearing for the petitioner would submit that if the copies of the documents are furnished to the petitioner, she will give an explanation.

5. In such view of the matter, the respondents are directed to furnish xerox copy of the documents to the petitioner within a period of one month and on receipt of the documents, the petitioner shall give her explanation and thereafter, the respondent shall proceed the matter as per law on its own merits.

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6. With the above directions, this Writ Petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs. 15.02.2023 Index:Yes/No vrc To,

1. The Inspector of Panchayat/, The District Collector, Coimbatore District, Coimbatore.

2. The Assistant Director of Rural Development [Audit], Coimbatore District.

3. The Block Development Officer [VP] Karamadai Panchayat Union, Mettupalayam Taluk, Coimbatore District.

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N.SATHISH KUMAR, J.

vrc WP.No.1500 of 2023 15.02.2023 5/5