M. Ravichandran v. The Inspector Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:20.10.2015

CORAM:

THE HONOURABLE MR.JUSTICE C.T. SELVAM W.P.(MD)No.19207 of 2015 and M.P.(MD).No.1 of 2015 M.Ravichandran ... Petitioner Vs.

1. The Inspector of Panchayat/ District Collector, Sivagangai District, Sivagangai.

2. The Tahsildar, Sivagangai Taluk, Sivagangai District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for the records relating to the proceedings of the second respondent passed in Na.Ka.No.A1/13059/2015 dated 08.10.2015 and quash the same.

For Petitioner : Mr.V.Kannan for Mr.S.Doraisamy For Respondents : Mr.M.Rajarajan Government Advocate

O R D E R

Writ Petitioner, who is the President of Alangulam Village Panchayat, challenges the notice, under Section 205 of the Tamil Nadu Village Panchayat Act, issued by the second respondent in Na.Ka.No.A1/13059/2015 dated 08.10.2015,.

2. Learned counsel for the petitioner submits that as per the requirement of Section 205(4) of the Tamil Nadu Village Panchayat Act, the copy of the notice of meeting has to be served at least 7 days before the date of meeting. In the instant case, the notice dated 08.10.2015 has been signed by the Tahsildar on 15.10.2015 and allegedly the same was affixed on the door of the petitioner on 17.10.2015. The meeting has been fixed as per the notice on 20.10.2015. Hence, sub clause (4) of Section 205 of the Tamil Nadu Village Panchayat Act stands violated.

3. Heard Mr.M.Rajarajan, learned Government Advocate (Crl.side) appearing for the respondents.

4. Finding merits in the submission and direct violation of sub clause (4) of Section 205 of the Tamil Nadu Village Panchayat Act, impugned notice dated 08.10.2015 under challenge shall stand quashed. However, the second respondent is at liberty to move afresh in accordance with law.

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5. The Writ Petition stands allowed. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar.

To

1. The Inspector of Panchayat/District Collector, Sivagangai District, Sivagangai.

2. The Tahsildar, Sivagangai Taluk, Sivagangai District.

West Velli Street, Madurai.

+1CC to Mr.S.Doraisamy, Advocate, SR.No. 62214. W.P.(MD)No.19207 of 2015 20.10.2015 AM/20.10.2015/KBM/SAR-II/2P/4C https://hcservices.ecourts.gov.in/hcservices/