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Madras High CourtWP/340/2023disposed of

P.Deepa v. The District Collector

2023-01-06Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2023

CORAM

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR W.P.No. 340 of 2023 and W.M.P.Nos.316 & 317 of 2023 P.Deepa .. Petitioner

Versus

1.The District Collector Tiruvannamalai Tiruvannamalai District 2.The Assistant Director of Rural Development Cheyyar, Thiruvannamalai District 3.The Tahsildar Vandavasi Thiruvannamalai District 4.The Block Development Officer (Village Panchaysts) Vandavasi Panchayat Union Thiruvannamalai District 5.SelviDhanasekaran .. Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, to call for the records relating to the impugned 1/5

order of the First Respondent in Na.Ka.No.1842/2022/A3 dated 23.11.2022 and quash the same.

For Petitioner : Mr.R.Vijayakhumar For Respondents : Mr.C.Selvaraj for R4 Mr.K.Karthik Jeganathan for R1 to R3 Government Advocate

ORDER

This Writ Petition has been filed challenging the show cause notice issued by the first respondent in Na.Ka.No.1842/2022/A3 dated 23.11.2022 and quash the same against the petitioner who is the vice president.

2. In the Show cause notice, specifically there are two charges inducted against the petitioner. While issuing the show cause notice, the show cause notice itself referred as, if there is no reply from the petitioner, powers under Sections 203 and 206 of the Tamilnadu Panchayats Act will be invoked against the petitioner. The petitioner is also restrained from handling the finances of the Panchayat. The only grievance of the petitioner is that he has already given a reply to the show cause notice, before the 2/5

same being considered, the show cause notice itself contained the decision restraining the petitioner from handling the finances.

3. Mr.C.Selvaraj, learned Additional Government Pleader takes notice for the fourth respondent and Mr.K.Karthik Jeganath, learned Government Advocate takes notices for the respondents 1 to 3. According to them, it is merely a show cause notice, no decisions are taken by the District Collector barring the petitioner from handling the finance at present. As the reply has already been given, the same will be considered and orders will be passed on merits.

4. Such view of the matter, the first respondent shall decide the issue on the basis of reply and pass order(s) on merits, after affording opportunity of hearing to the petitioner within a period of one month from the date of receipt of a copy of this Order. It is made clear that any observations made in the show cause notice restraining the petitioner from handling the finances shall not be given effect until the first respondent decides the issue on merits on the basis of the reply given by the petitioner 3/5

5. With the above directions, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. 06.01.2023 dhk Index : Yes / No Speaking Order : Yes / No To 1.The District Collector Tiruvannamalai Tiruvannamalai District 2.The Assistant Director of Rural Development Cheyyar, Thiruvannamalai District 3.The Tahsildar Vandavasi Thiruvannamalai District 4.The Block Development Officer (Village Panchayats) Vandavasi Panchayat Union Thiruvannamalai District 4/5

N.SATHISH KUMAR, J.

dhk 06.01.2023 5/5