S.Rajeswari v. The Secretar To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.12.2024
CORAM
THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.36280 of 2024 1.S.Rajeswari 2.A.Priya 3.K.Sangeetha 4.S.Sathiya 5.P.Tamilselvi 6.K.Tamilvanan .. Petitioners Vs.
1.The Secretary to Government, Rural Devlopment and Panchayat Raj Department, Secretariat, Chennai - 600 009.
2.The District Collector/Inspector of Panchayats, District Collectorate Complex, Villupuram - 605 602.
3.The Assistant Director of Panchayats, District Collectorate Complex, Villupuram - 605 602.
4.The Block Development Officer (Village Panchayats) Kandamangalam Union,
5.The Tahsildar, 6.R.Selvam .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to dispose off the appeal field by the petitioners on 22.09.2024 challenging the order passed by the 2nd respondent dated 25.07.2024.
For Petitioner .. Mr.N.Suresh For Respondents .. Mr.T.Chandrasekaran Special Government Pleader for R1, R3 and R5 Mr.L.S.M.Hasan Fizal Additional Government Pleader for R4
ORDER
The writ petition itself disposed of even without issuing notice to the 6th respondent who is the President of Panchamadevi Village Panchayat at Villupuram.
2.This writ petition has been filed in the nature of mandamus seeking a direction to the 1st respondent, Secretary to Government, Rural Development and
Panchayat Raj Department, Chennai to dispose the appeal filed by the petitioners on 22.09.2024, which appeal had been filed challenging an order passed by the 2nd respondent, District Collector/Inspector of Panchayat at Villupuram, dated 25.07.2024.
3.In the affidavit filed in support of the writ petition, the writ petitioners have stated that the 1st petitioner is the 8th Ward Councillor and Vice President of Panchamadevi Village Panchayat at Villupuram. The petitioners 2 to 6 are the Ward Councillors. They had jointly moved a no confidence motion under Section 205 of the Tamil Nadu Panchayat Act, 1994 against the 5th respondent, the President of the said Panchayat. It had been stated that the 2nd respondent who had passed an order on 25.07.2024 had not considered the majority vote., 5:1 to remove the 6th respondent. Questioning that particular order, the petitioners have filed an appeal before the 1st respondent.
Since the appeal is now actively under consideration of the 1st respondent, it may not be appropriate on the part of this Court to examine the facts necessitating the decision of the petitioners to move the no confidence motion against the 6th respondent.
the parties and pass appropriate orders, within a period of four months from the date of receipt of a copy of this order.
4.This writ petition stands disposed of. No Costs. 17.12.2024 Index:Yes/No Internet:Yes/No Speaking Order/Non-Speaking Order ssr To 1.The Secretary to Government, Rural Devlopment and Panchayat Raj Department, Secretariat, Chennai - 600 009.
2.The District Collector/Inspector of Panchayats, District Collectorate Complex, Villupuram - 605 602.
3.The Assistant Director of Panchayats, District Collectorate Complex, Villupuram - 605 602.
4.The Block Development Officer (Village Panchayats) Kandamangalam Union,
5.The Tahsildar,
C.V.KARTHIKEYAN,J.
ssr W.P.No.36280 of 2024 17.12.2024