P.Kandavel v. The District Collector/Inspector Of Panchayath

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2024

CORAM

THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P. No.1749 of 2024 and W.M.P.No.1798 of 2024 P.Kandavel ...

Petitioner /vs/

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

2. Block Development Officer, Muthugoundaputhur Village Panchayat, Coimbatore Taluk.

3. The Assistant Director (Panchayat), Coimbatore District.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of certiorari calling for the records leading to pass the impugned notice of the first respondent dated 02.01.2024 in Na.Ka.2978/2023/A3 served on the petitioner only on 12.01.2024 and quash the same.

For Petitioner ... Mr.V.Ayyadurai Senior Counsel for Mr.I.S.Inbadurai For Respondents ... Mr.G.Nanmaran, Special Govt. Pleader

ORDER

This Writ Petition has been filed to quash the impugned notice of the first respondent dated 02.01.2024 in Na.Ka.2978/2023/A3 served on the petitioner only on 12.01.2024.

2. The impugned order is a memorandum issued to the petitioner calling for the explanation for certain allegations that the petitioner was instrumental in giving the notification dated 06.11.2019 for the recruitment of Village Panchayat Secretary. It is alleged that when the post of Panchayat Secretary of Muthugoundanpudur Village is reserved for Adi Dravidar, the allotment has been wrongly classified as the one belonging to General category.

3. The learned counsel for the petitioner submitted that the petitioner has got no role in issuing the notice and hence he is not responsible for whatever happened in the classification of vacancy.

4. Since the impugned notice has been given only to call for the explanation from the petitioner, the petitioner is obliged to offer his explanation. The petitioner can offer the very same explanation to the first respondent in response to the impugned notice served upon him and leave the matter to the consideration of the first respondent.

5. In view of the above observation, this Writ Petition is disposed. No costs. Connected miscellaneous petition is closed. 30.01.2024 Index: Yes / No Speaking order / Non-speaking order bkn To:

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

2. Block Development Officer, Muthugoundaputhur Village Panchayat, Coimbatore Taluk.

R.N.MANJULA ,J.

bkn

3. The Assistant Director (Panchayat), Coimbatore District.

30.01.2024