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Madras High CourtWP/7490/2025disposed of

P.Rangaraj v. The Government Of Tamilnadu

2025-03-05Honourable Mr Justice J.Sathya Narayana Prasad6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2025

CORAM

THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD P.Ragaraj ... Petitioner vs.

1. The Government of Tamil Nadu, Rep.by its Principal Secretary, Rural Development and Panchayat Raj Department, Secretariat, Fort St.George, Chennai 600 009.

2. The Inspector of Panchayat/The District Collector, Coimbatore District, Coimbatore. .. Respondents Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus directing the 1st respondent to dispose of the petitioner's appeal dated 12.12.2024 pending on the file of the 1st respondent within a stipulated time frame as prescribed by this Court. For Petitioner : Mr.R.Jayaprakash For Respondents : M/s.R.L.Karthika Govt.Advocate Page No.1 of 6

ORDER

Consent of both the parties, this writ petition is disposed of at the time of admission stage itself.

2. The present writ petition has been filed to direct the 1st respondent to dispose of the petitioner's appeal dated 12.12.2024 pending on the file of the 1st respondent.

3. It is the case of the petitioner that he was elected as the President of Somaiyapalayam Village Panchayat as an independent candidate on 06.01.2020. Thereafter, the 2nd respondent issued notice dated 31.03.2022 to the petitioner and charges against him and called for explanation. Pursuant to the said notice, the petitioner submitted the detailed written reply dated 18.04.2022 but the same was rejected and the orders passed by the 2nd respondent dated 26.09.2022. Aggrieved by the same, the petitioner has preferred an appeal dated 07.10.2022 to the Director, Panchayat Raj and Rural Development Department, Panagal Maligai, Saidapet, Chennai stating that one sided act of the 2nd respondent and asking for the appointment of an independent enquiry officer other than Page No.2 of 6

the 2nd respondent and there was no reply to the said appeal. Subsequently, the Hon'ble Division Bench of this Court held that the 2nd respondent herein does not power to cancel the cheque signing power of the President of the Village Panchayat. Thereafter, the 2nd respondent had passed the final order vide his proceedings in Na.Ka.No.2574/2021/A3 dated 06.12.2024 wherein it is stated that the petitioner was removed from the post of President of Somaiyapalayam Village Panchayat without considering his reply. Hence, the petitioner has preferred an appeal before the 1st respondent dated 12.12.2024 and the same is pending. Therefore, the petitioner has filed the present writ petition.

4. The learned Government Advocate appearing for the respondents submitted that the appeal filed by the petitioner dated 12.12.2024 which is pending on the file of the first respondent will be disposed on merits in accordance with law, within a time frame that may be stipulated by this Court.

5. Heard the learned counsel appearing on either side and also Page No.3 of 6

perused the materials available on records.

6. In view of the above submissions made by the learned counsel on either side, the first respondent is directed to dispose the appeal of the petitioner dated 12.12.2024 on merits, in accordance with law and pass appropriate orders, within a period of three months from the date of receipt of a copy of this order.

This writ petition stands disposed of with the above observation and direction. No costs.

05.03.2025 Index : Yes/No.

Internet : Yes/No.

Speaking : Non-speaking Order kkd .

Page No.4 of 6

To

1. The Principal Secretary, Rural Development and Panchayat Raj Department, Secretariat, Fort St.George, Chennai 600 009.

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

Page No.5 of 6

J.SATHYA NARAYANA PRASAD,J.

kkd 05.03.2025 Page No.6 of 6