Madras High CourtWP/186/2014disposed of

G.Muthu v. The District Collector

2015-11-30Honourable Mr Justice T. S. Sivagnanam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2015

CORAM

THE HONOURABLE Mr. JUSTICE T.S.SIVAGNANAM W.P.No.186 of 2014 and M.P.No.2 of 2014 G.Muthu ..

Petitioner Vs The District Collector (Inspector of Panchayats) Tiruvannamalai District, Tiruvannamalai.

.. Respondent Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, to call for the records pertaining to the order bearing Na.Ka.No.773/2013/A2/AD(P) dated 23.10.2013 and quash the same. For Petitioner : Mr.V.Suthakar For Respondent : Mr.R.Rajeswaran Special Government Pleader

ORDER

Heard Mr.V.Suthakar, learned counsel appearing for the petitioner and Mr.R.Rajeswaran, the learned Special Government Pleader appearing for the respondent and with the consent on either side, the Writ Petition is taken up for final disposal.

2. The petitioner is the President of the Village Panchayat and he is aggrieved by the order passed by the respondent dated 23.10.2013 exercising emergency powers, by which the petitioner's cheque signing power to sign the Panchayat cheques as co-signatory along with Vice President was suspended.

3. At the time when the Writ Petition was entertained, no interim order was granted by this Court. It is seen that the petitioner has submitted a detailed explanation to the allegations made against him on 19.12.2013. Along with the explanation, the petitioner has requested for reviewing the order passed by the respondent, since it is only an order exercising Emergency Powers. Thereafter, the respondent has not https://hcservices.ecourts.gov.in/hcservices/

passed any order. Therefore, the petitioner approached this Court with the present writ petition since the matter had been kept at that stage for nearly two years.

4. In the light of the aforesaid facts, while rejecting the prayer to set aside the impugned proceedings dated 23.10.2013, the respondent is directed to consider the petitioner's explanation dated 19.12.2013 and pass orders on merits in accordance with law, after affording an opportunity of personal hearing to the petitioner within a period of eight weeks. The Writ Petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. ds -s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar To The District Collector (Inspector of Panchayats) Tiruvannamalai District, Tiruvannamalai.

+ 1 cc to Govt.Pleader SR 65267 + 1 cc to Mr.V.Suthakar, Advocate SR 65131 kji(co) prk17/12 W.P.No.186 of 2014 https://hcservices.ecourts.gov.in/hcservices/