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Madras High CourtWP/1227/2016disposed of

K.Prathap Reddy, v. The District Collector,

2016-01-12Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2016

CORAM

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH WP.No.1227 of 2016 and WMP.No.963 of 2016 and WMP.No.964 of 2016 K.Prathap Reddy ... Petitioner

Versus

1. The District Collector, Thiruvallur District, Thiruvallur.

2. The Assistant Director of Panchayats, Thiruvallur District, Collectorate, Thiruvallur.

... Respondents Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus calling for the records relating to the first respondent's notice in his proceedings Na.Ka.No.1875/2013/A.D. (P)(A3), dated 31.12.2015 and quash the same by directing the first respondent to consider the reply of the petitioner dated 21.12.2015 given in response to the proceedings of the second respondent in Ref.No.-Nil-, dated 23.07.2015, by perusing and appraising relevant records of the S.S.Kandrigai Panchayat and then to decide any further action if necessary. For Petitioner : Mr.S.Silambanan, Senior Counsel for Mr.S.Rajendiran For Respondents : Mr.R.Rajeswaran, Additional Government Pleader

ORDER

The writ petition has been filed for the issuance of a writ of Certiorarified Mandamus calling for the records relating to the first respondent's notice in his proceedings Na.Ka.No.1875/2013/A.D.(P)(A3), dated 31.12.2015 and quash the same by directing the first respondent to consider the reply of the petitioner dated 21.12.2015 given in response to the proceedings of the second respondent in Ref.No.-Nil-, dated 23.07.2015, by perusing and appraising relevant records of the S.S.Kandrigai Panchayat and then to decide any further action if necessary.

2. What is challenged is only a show cause notice issued by the Competent Authority directing the petitioner to give his reply for the proposed action under Section 205 (1) of the Tamil Nadu Panchayat Act, 1994. Therefore, the writ petition is not maintainable at this stage.

3. However, the writ petition stands disposed of, giving liberty to the petitioner to give a detailed reply within a period of four weeks from the date of receipt of a copy of this order alongwith relevant records if so advised. On receipt of the same, the first respondent shall pass appropriate orders by way of speaking order by taking into consideration of the relevant materials including the explanation supported by the documents within a further period of eight weeks.

4. The writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar dn/sri

To

1. The District Collector, Thiruvallur District, Thiruvallur.

2. The Assistant Director of Panchayats, Thiruvallur District, Collectorate, Thiruvallur.

+1cc to Mr.S.Rajendiran, Advocate, S.R.No.2478 +1cc to the Government Pleader, S.R.No.2418 WP.No.1227 of 2016 & WMP.No.963 of 2016 & WMP.No.964 of 2016 SK(CO) CA(29/01/2016)