K.Krishnamurthy v. The Inspector Of Panchayats

In the High Court of Judicature at Madras Dated :: 15.04.2016 Coram ::

The Hon'ble Mr. Justice T.S. Sivagnanam Writ Petition No: 29455 of 2015 & WPMP.No.1 & 2 of 2015 K. Krishnamurthy Vice President Sengadu Village Panchayat Wallajah Panchayat Union Wallajah Taluk Vellore District.

.. Petitioner -vs1. The Inspector of Panchayats and District Collector Vellore District.

2. The Block Development Officer (Village Panchayat) Wallajah Panchayat Union Wallajah, Vellore District.

3. The President Sengadu Village Panchayat Wallajah Panchayat Union Wallajah, Vellore District.

4. Thiru. Nandan Ward Member, 3rd Ward Sengadu Village Panchayat Wallajah Panchayat Union Wallajah, Vellore District.

... Respondents Writ Petition under Article 226 of the Constitution of India praying for issuance of a writ of certiorari calling for the records pertaining to the orders passed by of the 1st respondent in Na. Ka. A4/2257/2015 dated 05.09.2015 and quash the same.

For petitioner :: Mr. S. Kamadevan For 1st respondent :: Mr. RM. Muthukumar Government Advocate For resps. 2 & 3 :: Mr. R. Govindasamy For 4th respondent :: Ms. B. Keerthi .. .. ..

O R D E R

The petitioner is the elected Vice President of the third respondent Village Panchayat. By virtue of the impugned proceedings, his cheque signing power as a co-signatory to the Panchayat cheques along with the President of the Panchayat has been divested and entrusted to one of the Ward Member. It is not in dispute that the members of the Panchayat passed a resolution against the petitioner and forwarded the same to the District Collector for taking action against the petitioner as he had not co-operated in the affairs of the Panchayat and did not sign the cheques. As a result of this, the entire activities of the Panchayat had come to a standstill. Based on such resolution and appropriate reports, the petitioner was issued with a show cause notice as to why he should not be divested with the cheque signing powers. A reply was received and thereafter, the impugned order has been passed.

2. This Court, at the time of admission of the writ petition, has granted an interim order on 18.09.2015 on the ground that without issuing show cause notice and without conducting any meeting, the impugned order came to be passed. It is accepted by the learned counsel appearing for the petitioner that a meeting was in fact conducted by the second respondent prior to the passing of the impugned order. Therefore, what weighed in the mind of the Court while granting interim order appears to be factually incorrect.

3. Be that as it may, the allegation against the petitioner is that he is refusing to co-operate with the President in signing the cheques of the Village Panchayat. It is now represented before this Court that, even after obtaining an interim order from this Court the petitioner is not extending his co-operation by signing the cheques of the Village Panchayat.

4. In the light of the above, the question of quashing the impugned proceedings does not arise on account of the subsequent development. However, there will be a direction to the 1st respondent to enquire into the matter afresh and examine the conduct of the petitioner after the grant of interim order by

this Court on 18.09.2015. If the Collector finds that the petitioner is still not extending his co-operation for untennable reasons then, the District Collector can pass fresh orders in accordance with law. The above said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order. The writ petition stands disposed of accordingly. Connected miscellaneous petitions are closed. There shall be no orders as to the costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar To

1. The Inspector of Panchayats and District Collector Vellore District.

2. The Block Development Officer (Village Panchayat) Wallajah Panchayat Union Wallajah, Vellore District.

3. The President Sengadu Village Panchayat Wallajah Panchayat Union Wallajah, Vellore District.

+1 cc to the Government pleader High Court Madras sr 23857 +1 cc to M/s.S.Kamadevan Advocate sr.23655 W.P. No: 29455 of 2015 ppa(co) aa05/05/2016