Madras High CourtWP(MD)/4873/2022disposed of

Savithri.S v. The District Collector

2022-03-18Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.4873 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.4873 of 2022 S.Savithri ... Petitioner /Vs./

1. The District Collector, Dindigul District, Dindigul.

2. The Revenue Divisional Office, Palani, Dindigul District.

3. G.Soudeeswari ... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent to furnish the documents which from, the basis which necessitated the issuance of the Show Cause Notice dated 11.03.2022 to the petitioner and give a week time to submit petitioner's explanation, after furnishing the documents sought by the petitioner vide representation dated 15.03.2022. For Petitioner : Mr.C.Mayilvahana Rajendran For R1 & R2 : Mr.D.Sasikumar Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the second respondent to furnish the documents, which form the basis of the Show Cause Notice dated 11.03.2022 issued under Section 212 of the Tamil Nadu Panchayats Act, 1994, based on the petitioner's representation dated 15.03.2022 within a time frame stipulated by this Court.

2.It is the case of the petitioner that certain irregularities have been mentioned against the petitioner in the contract entered into on behalf of the Panchayat Union represented by the petitioner, as its Chairman. According to the petitioner, none of the copies of contracts / documents pertaining to the charges have been furnished to her. In such circumstances, she has given a representation on 15.03.2022 calling upon the official respondents to furnish the copies of the documents, based on which the show cause notice dated 11.03.2022 has been issued under Section 212 of the Tamil Nadu Panchayats Act, 1994.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.4873 of 2022 3.In a similar circumstance, by order dated 15.12.2021 passed in WP(MD)No.22195 of 2021, this Court had permitted the petitioner therein to peruse the documents in the office of the Panchayat in the presence of the Revenue Divisional Officer. The petitioner seeks the same relief in this writ petition also. 4.No prejudice will be caused to the official respondents, if the petitioner's request for perusal and examination of the documents referred in the show cause notice is granted to enable the petitioner to submit a reply.

5.Accordingly, as directed in the other writ petition in WP (MD)No.22195 of 2021, dated 15.12.2021, wherein also the proceedings under Section 212 of the Tamil Nadu Panchayats Act, 1994 was initiated, the petitioner is directed to peruse the documents in the office of the Panchayat in the presence of the Revenue Divisional Officer on 21.03.2022 (Monday) with regard to the charges levelled against her and after perusing the same, she has to reply to the show cause notice dated 11.03.2022, on or before 23.03.2022 (Wednesday). Thereafter, the proceedings under Section 212 of the Tamil Nadu Panchayats Act, 1994 initiated against the petitioner shall be proceeded with, as per the procedure contemplated therein.

6.In terms of the above directions, this Writ Petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To:

1. The District Collector, Dindigul District, Dindigul.

2. The Revenue Divisional Office, Palani, Dindigul District.

+1 CC to M/s.C.MAYIL VAHANA RAJENDRAN, Advocate ( SR-12935[F] dated 18/03/2022 ) order made in W.P.[MD]No.4873 of 2022 Dated: 18.03.2022 USK/18.03.2022/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2