Mrs.K.Uma v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.01.2023 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K.Uma .. Appellant Vs 1.The District Collector, District Collectorate Office, Namakkal District-637 003.

2.The Block Development Officer, Village Panchayat, Namagiripettai Panchayat Union, Namagiripettai, Rasipuram Taluk, Namakkal District-637 406.

.. Respondents Prayer: Appeal filed under Clause 15 of the Letters Patent against the order dated 24.8.2022 passed in W.P.No.22352 of 2022.

For the Appellant : Mr.J.Srinivasa Mohan for M/s.TVJ Associates For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mr.P.Balathandayutham Spl. Government Pleader

JUDGMENT

(Delivered by the Hon'ble Acting Chief Justice) This writ appeal is directed against the order dated 24.8.2022 passed by the learned Single Judge in W.P.No.22352 of 2022, whereby the order impugned in the writ petition dated 2.8.2022 was quashed and the matter was remitted to the first respondent to pass fresh orders within 45 days from the date of receipt of a copy of the said order. The first respondent was further directed to furnish a copy of the relied upon documents in reference to the impugned order to the appellant to enable her defend the case.

2. Mr.J.Srinivasa Mohan, learned counsel appearing for the appellant, would submit that when the learned Single Judge has

agreed with the case of the appellant that the first respondent is not empowered to withdraw the cheque-signing authority of the appellant and quashed the order passed by the first respondent, he ought not to have remanded the case to the first respondent.

3. A perusal of the order passed by the learned Single Judge shows that it was the specific case of the respondents that the appellant's husband was interfering with the day-to-day management of the Panchayat and as a result thereof a deadlock has been caused. Therefore, in our considered opinion, the entire issue has been rightly remitted to the first respondent for fresh consideration.

Finding no merits, the writ appeal is dismissed. There will be no order as to costs. Consequently, C.M.P.No.988 of 2023 is closed. (T.R., ACJ.) (D.B.C., J.) 20.01.2023 Index : Yes/No sasi

To 1.The District Collector, District Collectorate Office, Namakkal District-637 003.

2.The Block Development Officer, Village Panchayat, Namagiripettai Panchayat Union, Namagiripettai, Rasipuram Taluk, Namakkal District-637 406.

T.RAJA, ACJ.

AND D.BHARATHA CHAKRAVARTHY, J.

(sasi) 20.01.2023