A.Kalaiselvi v. The Commissioner Of Rural

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2023

CORAM

THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and M.P.Nos.1 & 2 of 2012 A.Kalaiselvi ... Petitioner Vs

1. The Commissioner of Rural Development and Panchayat Raj Department, Panagal Building, Saidapet, Chennai - 600 015.

2. The District Collector, (PD Section) Salem District, Salem.

3. N.Malani, 1/6

4. C.Gowri,

5. M.Jagadeeswaran,

6. C.Govindaraj, District Panchayat Office,

7. N.Raja, Kadayampatti,

8. M.Sirajudeen, Omallur, ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, calling for the records of the first respondent bearing ROC No.14278/2012/C1 dated 26.07.2012 and quash the same. 2/6

For Petitioner : Mr.K.S.Viswanathan Senior Counsel For Respondents :

For R1 & R2 : Mr.R.Neelakandan Additional Advocate General assisted by Mr.V.Nanmaran Additional Government Pleader For R3 to R8 : Mr.R.Saseetheran

ORDER

The learned Senior Counsel appearing for the petitioner submits that the revised seniority list was cancelled without issuing appropriate notice to the petitioner, which is a violation of principles of natural justice. Hence, he requested that the matter may be remanded back to the first respondent / The Commissioner of Rural Development and Panchayat Raj Department for fresh consideration.

2. Mr.R.Neelakandan, learned Additional Advocate General assisted by Mr.V.Nanmaran, learned Additional Government Pleader appearing on behalf of the respondents 1 and 2 submitted that if the matter is remanded back, it will be considered afresh on merits and in 3/6

accordance with law.

3. In view of the submissions made by either side, the impugned order dated 26.07.2012 bearing ROC No.14278/2012/C1 is set aside and the matter is remanded back to the first respondent / The Commissioner of Rural Development and Panchayat Raj Department, who will give notice as well as personal hearing to both the petitioner and the respondents 3 to 8 and consider the issue and pass appropriate orders on merits and in accordance with law within a period of twelve (12) weeks, from the date of receipt of a copy of this order.

4. In view of the above observations and directions, the Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

12.06.2023 Index : Yes/ No Speaking/Non-Speaking Order rgm 4/6

To

1. The Commissioner of Rural Development and Panchayat Raj Department, Panagal Building, Saidapet, Chennai - 600 015.

2. The District Collector, (PD Section) Salem District, Salem.

3. N.Malani,

4. C.Gowri,

5. M.Jagadeeswaran, 5/6

J.SATHYA NARAYANA PRASAD, J.

rgm

6. C.Govindaraj, District Panchayat Office,

7. N.Raja, Kadayampatti,

8. M.Sirajudeen, Omallur, and M.P.Nos.1 & 2 of 2012 12.06.2023 6/6