← Library
Madras High CourtWA(MD)/33/2015dismissed

G.Chandran, v. The District Collector And

2015-02-05Honourable The Chief Justice,Honourable Dr Justice S. Tamilvanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2015

CORAM:

THE HONOURABLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HONOURABLE DR.JUSTICE S.TAMILVANAN W.A(MD)No.33 of 2015 and M.P.(MD)No.1 of 2015 G.Chandran Vice President of Keezhaiyur Village Panchayat Keeshaiyur Village and Post Madurai District.

... Appellant/Petitioner

Versus

1. The District Collector and Inspector of Panchayat Madurai District, Madurai

2. The Assistant Director of Panchayat Madurai District, Madurai.

3.The Block Development Officer Village Panchayat Melur Panchayat Union Melur, Madurai.

4.Keezhaiyur Village Panchayat represented by its Panchayat President - Kalyanaselvi Keezhaiyur Village, Madurai.

5.P.Venkatesan

6. P.Kalyanaselvi

...Respondents/Respondents

Writ Appeal filed under Clause 15 of Letters Patent against the order dated 11.09.2014, made in W.P.(MD)No.12988 of 2014. Prayer in WP(MD). 12988/ 2014:

under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus calling for the records pertaining to the second respondent's impugned show cause notice in Na.Ka.No.3316/2012/Ou.E(Oo.)A4, dated 04.07.2014 as well as the fourth respondent Panchayat resolution No.15, dated 20.06.2014 and

consequential final order of the first respondent in Na.Ka.No.3316/2012/Ou.E(Oo.)A4, dated 22.07.2014, quash the same and consequently directing the first respondent to issue the cheque signing power of the fourth respondent Panchayat to the petitioner.

For Appellant :

Mr.M.Venkatesan For Respondents :

Mr.A.K.Baskara Pandiyan Special Government Pleader for R.1 to R.4

JUDGMENT

[Judgment of the Court was delivered by The Hon'ble Chief Justice] The appellant is the Vice President of the Keezhaiyur Village Panchayat. The President of the Panchayat is the 6th respondent. There is a running battle in between the petitioner and the 6th respondent and the petitioner refused to jointly sign the cheques issued on behalf of the Panchayat, as according to him, the 6th respondent was not acting in accordance with the norms and the tenders issued were without following the principles of transparency. The petitioner also made complaints to the Respondents Nos.1 to 3 about the functioning of the 6th respondent which are stated to be pending consideration. 2.

The respondents/authorities faced with the situation of the log jam, issued show cause notice to the petitioner calling upon him to sign the cheques, so that functioning of the Panchayat is not brought to a standstill. The petitioner submitted a detailed reply, but net result was that he refused to sign the cheques. It is in these circumstances, the first respondent passed an order dated 22.07.2014, transferring the cheque signing power from the petitioner to the 5th respondent, who is a Member of the 1st Ward of Melapatti Village. The petitioner aggrieved by this action, filed a writ petition before this Court which has been dismissed by the impugned order dated 11.09.2014 of the learned Single Judge.

3. We have heard the learned counsel for the parties.

4. The principal grievance of the petitioner is that he is being unnecessarily prejudiced by being deprived of his cheque singing power while it is he who was made complaints against the 6th respondent. His further submission is that such cheque signing power could not have been transferred in view of various judicial pronouncements as referred to as in paragraph-7 of the impugned order.

5. There is no doubt that the constitutional scheme of delegation of powers for local self-governance remains a primary

objective and that is why the Panchayats are constituted. However, a situation can also be not countenanced where due to the inter-personnel battle between the two elected Officers, the functioning of the Panchyat is brought to a standstill. This is what would happen, if the petitioner does not sign the cheques. The learned Single Judge in fact, has observed that while the petitioner was well within his rights to have asked for the records and vouchers, it cannot be a situation where he refuses to sign cheques till such time as the complaints are examined. It is still to be found out by the concerned authorities whether the allegations are correct or not and whether they arise out of the factual basis or personal animus.

6. The Judgments referred to by the petitioner were on the principle that the authorities could not usurp the power of signing of the cheques, but the same has been distinguished by the fact that it is not the authorities who have taken over the signing power, but have been given to the Member of the 1st Ward of Melapatti Village, for the smooth functioning of the Panchayat till such time, as the complaints made by the petitioner against the 6th respondent are looked into. In our view, this is necessary for the functioning of the Panchayat and we see no reason to interfere with the elaborate and well reasoned order of the learned Single Judge.

7. We would however simultaneously like to emphasis that the complaints made by the petitioner must be now expeditiously looked into and a reasoned decision be taken on the same by the second respondent, after notice to all concerned. We call upon the second respondent to take a final view in this matter within a period of two months of the communication of the order. Any further steps would depend on the result of this enquiry. Suffice to say that the cheque signing power given to the 5th respondent is by way of only a temporary arrangement for the smooth functioning of the Panchayat.

8. The writ appeal stands accordingly dismissed with the aforesaid direction. Consequently, M.P(MD).No.1 of 2015 is closed. No costs.

Sd/- Assistant Registrar(Crl.Side) /True copy/ Sub Assistant Registrar ksr To

1. The District Collector and Inspector of Panchayat Madurai District, Madurai

2. The Assistant Director of Panchayat Madurai District, Madurai.

3.The Block Development Officer Village Panchayat Melur Panchayat Union Melur, Madurai.

+1cc to MR.M.VENKATESAN, ADVOCATE IN SR NO.5446 +1cc to MR.T.LAJAPATHI ROY,ADVOCATE IN SR NO.5396 W.A(MD)No.33 of 2015 05.02.2015 RG.06.02.2015 4P.6C.