Murthy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.07.2023
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P.No.20909 of 2023 Murthy ... Petitioner vs.
1.The District Collector Coimbatore, Coimbatore District.
2.The Assistant Director Rural Development Coimbatore District.
3.The Block Development Officer Annur Village Coimbatore District.
4.Geetha (President) Kunnathur Panchayat Annur Village, Coimbatore District.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of 1/6
India, to issue a Writ of Certiorarified Mandamus, calling for the entire records in pursuant to the NA.KA.No.NIL/General Meeting/KU Dated 1207-2023 issued by the 4th respondent and quash the same. For Petitioner : Mr.M.Sathikumar For R1 and R2 : Mr.S.Silambanan Additional Advocate General-II Assisted by Mrs.S.Anitha Special Government Pleader For R3 : Mr.T.Sampathkumar Government Advocate
O R D E R
The petitioner herein is filed this writ petition challenging the notice dated 12.07.2023 issued by the 4th respondent calling for General/Monthly Meeting of Kunnathur Panchayat on 19.07.2023 at 11.00 a.m.
2. According to the petitioner, he is the Vice President of the Kunnathur Panchayat. The petitioner came across certain irregularities by the 4th respondent and in this regard, he has made a representation dated 2/6
08.06.2023 to the 1st respondent requesting him to conduct inspection and take action against the 4th respondent. The 1st respondent in his Proceedings in NA.KA.No.9237/2022/KO1 dated 30.09.2022 cancelled the cheque signing authority of the President of Panchayat namely the 4th respondent herein.
3. Thereafter, by taking vengeance as against the petitioner, the 4th respondent, President of Panchayat, by the impugned notice dated 12.07.2023 had called for the General/Monthly Meeting on 19.07.2023 at 11.00 a.m. Aggrieved by Item No.28 of the Agenda to the meeting, the petitioner has filed the present writ petition before this Court. The petitioner is not entitled to say meeting of Panchayat shall be convened by President, which he is entitled to in law.
4. If any resolution is passed against the petitioner, it is always open to him to challenge the same, if it is permissible in law. However, it is not open to the petitioner to say that the Panchayat meeting shall not be convened. Further, by the impugned notice, the meeting has been convened on 19.07.2023. The date fixed for meeting is already over. Therefore, the 3/6
prayer sought for in this writ petition has become infructuous already.
5. In these circumstances, I do not find anything to interfere with the impugned notice calling for meeting of the Panchayat.
6. Accordingly, the writ petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed. 20.07.2023 Index : Yes/No Speaking order:Yes/No dm 4/6
To 1.The District Collector Coimbatore, Coimbatore District.
2.The Assistant Director Rural Development Coimbatore District.
3.The Block Development Officer Annur Village Coimbatore District.
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S.SOUNTHAR, J.
dm 20.07.2023 6/6