T.Elumalai, v. The Government Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.10.2015 Coram:

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN Writ Petition No.3695 of 2014 and MP.No.1 of 2014 T.Elumalai

...Petitioner

vs.

1.The Government of Tamil Nadu rep by its Principal Secretary Rural Development and Panchayat Raj Department Fort St.George Chennai-9 2.The District Collector/ The Inspector of Panchayat Office of the Collectorate Kancheepuram, Kancheepuram District.

3.The Tahsildar Office of the Tahsildar (Taluk Office) Chengalpet Town Kancheepuram District.

4.The Block Development Officer (panchayat) Office of the Block Development Kattankulathur Kancheepuram District - 603 203.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari to call for the records pertaining in proceedings of the first respondent in GO.Ms.No.(P)No.1 dated 03.01.2014 in confirming the order of the second respondent in Na.Ka.No.171/2012/m8/c/,(C) dated 22.06.2013 as published in Tamil Nadu Gazettee in issue No.174 dated 24.06.2013 in part IV Section 2 to quash the same.

For Petitioner : Mr. N.Jothi For M.C.Govindan For Respondents : Mr.V.Jaya Prakash Narayanan Spl.GP. For R1 to R3.

Mr.Ravichandra Sundaresan for R4.

O R D E R

Heard both sides.

2.In view of the submission made in paragraph 35 of the counter affidavit filed by the respondents that one officer had heard the appeal and the successor passed the said impugned order. Hence, on the said ground alone, the impugned order is liable to be set aside and the matter is to be remanded back to the first respondent for fresh consideration. 3.In the result, the impugned order is set aside and the matter is remitted back to the first respondent, with a direction to him to give due opportunity to the petitioner and to pass appropriate orders afresh within a period of eight weeks from the date of receipt of copy of this order. This writ petition is accordingly disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar tsh To The Government of Tamil nadu, rep by its Principal Secretary, Rural Development and Panchayat Raj Department, Fort St.George, Chennai-9

2.The District Collector/ The Inspector of Panchayat Office of the Collectorate Kancheepuram, Kancheepuram District.

3.The Tahsildar Office of the Tahsildar (Taluk Office) Chengalpet Town Kancheepuram District.

4.The Block Development Officer (panchayat) Office of the Block Development Kattankulathur Kancheepuram District - 603 203.

2 CCs to Mr. M.C.Govindan, Advocate SR.No. 57235 W.P.No.3695 of 2014 GJ (CO) PSI (04.11.2015)