Elumalai v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2023

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.23974 of 2023 and W.M.P.No.23478 of 2023 Elumalai

...Petitioner

Vs.

1.The District Collector Office of the District Collector Dharmapuri District.

2.The Assistant Director Rural Development Panchayat (Village Panchayat) Dharmapuri District.

3.The Panchayat President Keeraipatti Village & Post Harur Taluk Dharmapuri District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records in Meeting No.4/202324 dated 04.07.2023 in which the impugned resolution was passed by the third respondent and quash the same.

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For Petitioner : Mr.R.K.Gandhi For Respondents : Mr.P.A.Anandha Kumar Government Advocate

O R D E R

This Writ Petition is filed challenging the impugned notice issued by the third respondent calling for meeting of the Panchayat on 04.07.2023 to discuss a resolution, authorizing the member of the Panchayat to sign the cheque in the place of Vice President, who is not co-operating with the President.

2. The learned counsel for the petitioner submitted that the meeting notice issued by the third respondent is arbitrary and violative of Articles 14 and 16 of the Constitution of India.

3. A reading of the impugned notice would suggest that the third respondent had called for Panchayat meeting to discuss a resolution authorizing a member of the Panchayat to sign the cheque in the place of Vice President of the Panchayat, who is not co-operating. The petitioner is not entitled to challenge a mere convening of the Panchayat meeting. If any 2/4

adverse resolution is passed against the petitioner, it is open to him to challenge the same in the manner known to law, if permissible in law.

4. With the above observation, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 21.08.2023 (1⁄2) Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No dna To 1.The District Collector Office of the District Collector Dharmapuri District.

2.The Assistant Director Rural Development Panchayat (Village Panchayat) Dharmapuri District.

3.The Panchayat President Keeraipatti Village & Post Harur Taluk Dharmapuri District.

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S.SOUNTHAR , J.

dna W.P No.23974 of 2023 and W.M.P.No.23478 of 2023 21.08.2023 4/4