A.Prakash v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.11.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY A.Prakash : Petitioner versus 1.The State of Tamil Nadu, rep. By Principal Secretary to Government, Rural Development & Panchayat Raj Department, Fort St.George, Chennai 600009 2.The Director, O/o Rural Development & Panchayat Raj Department, Panagal Maligai, Chennai 600015 3.The District Collector, Tiruvallur District 4.The Assistant Director of Panchayat, O/o, District Rural Development Agency, Tiruvallur District 602 001 5.The Block Development Officer, (VP) Ellapuram Union Panchayat, Tiruvallur District 601 102 6.Geetha Thulasiraman : Respondents
Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the directing the 3rd respondent to considering the representation dated 18.04.2022 for proceed further with the report that was submitted by the Assistant Director (Audit) as per section 205 of the Panchayat Act and to pass order accordance with law within the stipulated time as stated in the reminder letter dated 06.06.2023 and 04.09.2023.
For the Petitioner :
Mr.Christopher Kishore Vincent For Respondents 1 to 5 :
Mr.P.Muthukumar, State Government Pleader
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.Christopher Kishore Vincent, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader, for respondents 1 to 5.
2. The petitioner seeks directions against the third respondent to consider his representation to proceed further with the report that was submitted by the Assistant Director (Audit), as per Section 205 of the
Panchayat Act.
3. Mr.P.Muthukumar, learned State Government Pleader submits that based on the findings of the audit, notice dated 08.03.2023 was issued by the District Collector/Inspector of Panchayats to the sixth respondent/panchayat president, under Section 205(1) of the Tamil Nadu Panchayats Act, 1994, (for short, 'the Act of 1994') seeking explanation as to why she should not be removed from the post. The sixth respondent submitted her explanation. The said explanation was not satisfactory. The District Collector directed the Tahsildar, Tiruvallur Taluk to hold a meeting of the village panchayat comprising the ward members to seek the opinion of the village panchayat on removal of the sixth respondent from the post of village president.
Thereafter, in accordance with the provisions of Sections 205(3) to (10) of the Act of 1994, the panchayat meeting was held in Thamaraipakkam Panchayat on 02.06.2023 by the Tahsildar, Tiruvallur Taluk, and the proceedings were forwarded under letter dated 02.06.2023. The District Collector differed with the opinion of village panchayat.
and a show-cause notice is issued on 17.11.2023 giving her 15 days' time to file her reply and after the reply is filed, a final decision would be taken.
4. Mr.P.Muthukumar, learned State Government Pleader submits that within one month from now, final decision would be taken.
5. In light of the above, the writ petition is disposed of. There will be no order as to costs.
(S.V.G., CJ.) (D.B.C., J.) 21.11.2023 Index : Yes/No : Yes/No tar
To 1.The Principal Secretary to Government, Rural Development & Panchayat Raj Department, Fort St.George, Chennai 600009 2.The Director, O/o Rural Development & Panchayat Raj Department, Panagal Maligai, Chennai 600015 3.The District Collector, Tiruvallur District 4.The Assistant Director of Panchayat, O/o, District Rural Development Agency, Tiruvallur District 602 001 5.The Block Development Officer, (VP) Ellapuram Union Panchayat, Tiruvallur District 601 102
THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(tar) 21.11.2023