Madras High CourtWP/12366/2023disposed of

S.Rajeswari v. The District Collector

2023-06-08Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.06.2023 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.S.Rajeswari 2.A.Priya 3.K.Sangeetha 4.S.Sathiya 5.D.Karthikeyan 6.P.Tamilselvi ... Petitioners .Vs.

1. The District Collector /Inspector of Panchayats District Collectorate Complex

2. The Assistant Director of Panchayats District Collectorate Complex

3. The Block Development Officer (Village Panchayats) Kandamanagalam Union Kandamangalam 605 102, Villupuram Taluk Villupuram District.

4. The Revenue divisional Officer District Collectorate complex

5. The Secretary Panchamadevi Village Panchayats office Panchamadevi P. Vilanur Post - 605 105 Villupuram.

6. The Tahsildar Villupuram Taluk

7. R.Selvam S/o. Rajadurai President of Panchamadevi Village Panchayats Panchamadevi Village Panchayats Office Panchamadevi P.Vallanur Post-605 105 Villupuram.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 1st respondent to convene the no confidence motion of ward councilors meeting of the Panchamadevi Village Panchayats Villupuram District, pursuant to joint representation of petitioners dated 14.3.2023 as per the Section 205 of the Tamil nadu Panchayats Act, 1994 against the 7th respondent as President of Panchayat within stipulate time as prescribed by this Court. For Petitioners Mr.P.Kannan For Respondent Mr.S.Arumugam Government Advocate for R1, R2, R4, R6 Mrs.Geetha Thamaraiselvan Special Government Pleader for R3

O R D E R

This writ petition was filed by the Ward Councillors of Panchamadevi Village Panchayat, Villupuram District for a direction to the District Collector/Inspector of Panchayats to convene a no confidence motion of the Village Panchayat pursuant to the joint representation made by the petitioners on 14.3.2023, wherein the petitioners have sought for action to be initiated against the 7th respondent, who is the President of the Village Panchayat u/s 205 of the Tamil Nadu Panchayats Act, 1994. 2.When the matter came up for hearing on 28.04.2023, this Court passed the following order:

The matter was posted under the caption for Orders today. 2.The learned Government Advocate produced the written instructions received from the Assistant Director of Panchayats, Villupuram. On going through the same, it is seen that the proceedings have already been initiated and the parties have been called for an enquiry and the documents have also been collected. It is now under the scrutiny of the Assistant Director of Panchayats. A report will be submitted before the Inspector of Panchayats thereafter and further course of action will be initiated. 3.In view of the above development, this Court wants to await the further course of action to be taken by the 1st and 2nd respondents.

4.Post this case under the same caption on 08.06.2023

3.When the matter was taken up for hearing today, the learned Government Advocate appearing on behalf of the respondents 1, 2, 4 and 6 produced the written instructions received from the 2nd respondent. On going through the written instructions, it is seen that the 2nd respondent had conducted an enquiry and recorded the statements and a report has been submitted to the 1st respondent viz., the District Collector through letter dated 05.06.2023. The learned Government Advocate submitted that the case is now at the stage of the District Collector to take further action based on the report submitted by the 2nd respondent.

4.In the light of the above development, there shall be a direction to the 1st respondent to proceed further with the report that was submitted by the 2nd respondent and also the joint representation made by the petitioners and deal with the same in accordance with law and the said process shall be completed by the 1st respondent within a period of six weeks from the date of receipt of a copy of this order. 5.This writ petition is disposed of in the above terms. No costs. 08.06.2023 2/2 KP Internet : Yes/No Index : Yes/No