Parthasarathy S v. The Inspector Of Panchayat/ District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.4904 & 4905 of 2022 S.Parthasarathy ... Petitioner Vs 1.The Inspector of Panchayat / District Collector, Virudhunagar District, Virudhunagar.

2.The Assistant Director of Panchayats (V.P), Collectorate Campus, Virudhunagar.

3.The Block Development Officer (V.P), Sattur Panchayat Union, Virudhunagar District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of impugned order of first respondent u/s 203 of Tamil Nadu Panchayat Act, 1994 vide proceedings Na.Ka.Vu.E3/0525/2022, dated 30.03.2022 and quash the same as illegal, improper and unconstitutional, consequently direct the first respondent to forthwith allow the petitioner to sign all cheques of Mettamalai village Panchayat as President.

For Petitioner : Mr.T.Arul for Mr.S.Balamurugan 1/4

For Respondents : Mr.Veerakathiravan Additional Advocate General Assisted by Mr.N.Ramesh Arumugam Government Advocate

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Additional Advocate General appearing for the respondents.

2. By the impugned order the cheque signing power of the writ petitioner has been taken away. The writ petitioner is the president of the Mettamalai Village Panchayat. It is too well settled that before passing such a drastic order, the Inspector of Panchayat / District Collector is obliged to put the president on notice. In this case, admittedly, such a show cause notice was not given. I therefore, quash the impugned order on the ground of violation of the principles of natural justice.

3. This writ petition is allowed with liberty to the first respondent to proceed afresh in accordance with law. Consequently, connected miscellaneous petitions are closed. No costs.

21.07.2022 Index : Yes / No Internet : Yes/ No mga 2/4

To 1.The Inspector of Panchayat / District Collector, Virudhunagar District, Virudhunagar.

2.The Assistant Director of Panchayats (V.P), Collectorate Campus, Virudhunagar.

3.The Block Development Officer (V.P), Sattur Panchayat Union, Virudhunagar District.

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G.R.SWAMINATHAN, J.

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