S.P.Madhiyazhagan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2023

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P.No.32770 of 2022 S.P.Madhiyazhagan ... Petitioner vs.

1.The District Collector Nagapattinam District Office of District Collector Nagapattinam 2.The Assistant Director (Panchayat), Nagapattinam District 3.The Block Development Officer (Village Panchayat), Vedaranyam Panchayat Union, Vedaranyam Taluk, Nagapattinam District 4.Thirunavakarasu 5.A.Malliga 6.Deputy Block Development Officer (Zonal), Vedaranyam Panchayat Union Vedaranyam Taluk Nagapattinam ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records 1/4

leading to the Order bearing No. e/f.2055/m 3/2020/c/, (C) dated 09.11.2022 passed by the 1st Respondent and quash the same and consequently direct the 1st Respondent to appoint Respondent No.5 as the Joint Signatory in the place of the 4th Respondent in respect of Sembodi Village Panchayat as per Resolution No.6 of the Minutes of Meeting of the Sembodi Panchayat, Vedaranyam dated 30.09.2022. For Petitioner : Mr.B.Arvind Srevatsa For R1 and R2 : Mr.N.Naveenkumar Government Advocate For R3 and R6 : Mr.P.Anandha Kumar Government Advocate For R4 : No Appearance For R5 : No Appearance

O R D E R

The writ petition is filed challenging the order passed by the 1st respondent authorising the respondents 3 and 6 to exercise the cheques signing power of Sembodi Village Panchayat, Vedaranyam Taluk, Nagapattinam District for a period six months as there was misunderstanding between the petitioner, President of Panchayat and 4th respondent-Vice President. This impugned order was passed on 09.11.2022. 2/4

2. Under the said order, the respondents 3 and 6 were empowered to exercise the cheques signing power of the President and Vice President of the Panchayat only for a period of six months. The said six months period is already over.

3. In such circumstances, under Section 188(3) of the Tamil Nadu Panchayats Act, 1994, it is for the President and Vice President of the Panchayat to exercise the cheques signing power and carry on the activities of the Panchayat.

4. With this clarification, the writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 21.08.2023 Index : Yes/No Speaking order:Yes/No dm 3/4

S.SOUNTHAR, J.

dm To 1.The District Collector Nagapattinam District Office of District Collector Nagapattinam 2.The Assistant Director (Panchayat), Nagapattinam District 3.The Block Development Officer (Village Panchayat), Vedaranyam Panchayat Union, Vedaranyam Taluk, Nagapattinam District 4.Deputy Block Development Officer (Zonal), Vedaranyam Panchayat Union Vedaranyam Taluk Nagapattinam 21.08.2023 4/4