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Madras High CourtWP(MD)/3350/2020dismissed

M.Poomari v. The District Collector

2020-02-19Honourable Mrs Justice Pushpa Sathyanarayana3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:19.02.2020

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA and W.M.P(MD)Nos.2806 and 2807 of 2020 1.M.Poomari, Wife of R.Murugesan, 9th Ward Councilor, residing at No.20/2,East Street, Peekilipatti Village, Kovilpatti Union, Ettaiyapuram Taluk, Tuticorin District.

... Petitioner in W.P(MD)No.3350 of 2020 2.M.Ponnudurai, Son of Madasamy, 12th Ward Councilor, 521a, 29/5, Shanmuga Sigamani Nagar, Pandavarmangalam Union, Kovilpatti Panchayat Union, Tuticorin District.

...Petitioner in W.P(MD)No.3351 of 2020

Vs.

1.The District Collector, Tuticorin, Tuticorin District.

2.The Assistant Director(Panchayat), Kovilpatti Union, Tuticorin District.

3.The Block Development Officer, Panchayat Union Office, Kovilpatti, Tuticorin District.

4.The Chairman, Kovilpatti Panchayat Union, Tuticorin District. ... Respondents in both W.Ps' Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus forbearing the respondents from conducting any meeting of the Panchayat Union Council of Kovilpatti Panchayat Union without following the procedure contemplated under the Tamil Nadu 1/3

Panchayats(Quorum and Procedure for the Convening and Conduct of Meetings of Village Panchayats)Rules, 1999.

For Petitioner : Mr.Prabhu Rajadurai, in both W.Ps' for M/s.R.Maheswaran For Respondents : Mrs.J.Padmavathi Devi, 1 and 2 Special Govt.Pleader For Respondent-3 :Mr.A.Thiagarajan in both W.Ps' Government Advocate COMMON ORDER These Writ Petitions have been filed seeking issuance of a Writ of Mandamus forbearing the respondents from conducting any meeting of the Panchayat Union Council of Kovilpatti Panchayat Union without following the procedure contemplated under the Tamil Nadu Panchayats(Quorum and Procedure for the Convening and Conduct of Meetings of Village Panchayats)Rules, 1999. 2.Mrs.J.Padmavathi Devi, learned Special Government Pleader takes notice for the respondents 1 and 2 and Mr.A.Thiagarajan, learned Government Advocate takes notice for the third respondent.

3. By consent of parties, the main Writ Petitions are taken up for final disposal.

4.The Petitioners are Ward Councilors of Kovilpatti Panhayat Union. The learned counsel for the Petitioners would submit that as per the rules, before conducting any meeting of Panchayat Union, notice has to be given to its members giving three days clear time and without serving of any such valid notice, the meeting is held to be invalid. Citing the said rules, the learned counsel for the Petitioners pointed out that the Petitioner in W.P (MD)No.3350 of 2020 had not received any notice till date and the Petitioner in W.P(MD)No.3351 of 2020 had received notice on 18.2.2020 for the meeting that is scheduled to be held on 20.2.2020.

5.The learned Special Government Pleader appearing for the respondents 1 and 2 produced a proceeding of the Chairman of Kovilpatti Panchayat Union, in Proceedings No.Aa3/0948/2020, dated 18.2.2020. The said communication states that the meeting scheduled on 20.2.2020 is adjourned, without fixing further date for conducting the said meeting, for administrative reasons. As the meeting itself is already postponed, the Petitioners cannot 2/3

have any grievance regarding the conduct of meeting scheduled to be held on 20.2.2020.

6.Recording the above said proceedings, dated 18.2.2020, these Writ Petitions stand dismissed. No costs. Consequently, connected Miscellaneous Petitions are dismissed. Sd/- Assistant Registrar (RECORDS) // True Copy // / /2020 Sub Assistant Registrar(CS) vsn To 1.The District Collector, Tuticorin, Tuticorin District.

2.The Assistant Director(Panchayat), Kovilpatti Union, Tuticorin District.

3.The Block Development Officer, Panchayat Union Office, Kovilpatti, Tuticorin District.

4.The Chairman, Kovilpatti Panchayat Union, Tuticorin District.

+1 CC to SPL.GP ( SR-7275[F] dated 20/02/2020 ) +1 CC to MR.R.MAHESHEARAN, Advocate ( SR-7136[F] dated 19/02/2020 ) COMMON ORDER MADE IN and W.M.P(MD)Nos.2806 and 2807 of 2020 19.02.2020 KM/(02.03.2020) 3P 7C 3/3