S.Radha v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2024
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.11067 & 11069 of 2024 S.Radha ... Petitioner Vs.
1.The Secretary to Government, Rural Development and Panchayat Raj Department, Chennai.
2.The District Collector / Inspector of Panchayat, Pudukottai District, Pudukottai.
3.The Assistant Director of Panchayat, Pudukottai, Pudukottai District.
4.The Block Development Officer, Viralimalai Panchayat Union, Viralimalai, Pudukottai District.
5.The Tahsildar, Viralimalai, Pudukottai District.
6.Chinna Thankam ... Respondents 1/5
Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records pertaining to the order passed by the third respondent in Na.Ka.No.A3/112/2021(Voo) dated 06.06.2024 and quash the same.
For Petitioner : Mr.T.S.Mohamed Mohideen For Respondents : Mr.P.Thambi Durai Government Advocate for R.1 to R.3 & R.5 Mr.C.Baskaran Government Advocate for R.4
ORDER
Heard both sides.
2.In normal circumstances, this Court will not interfere with an interdepartmental communication. In this case, the third respondent has written to the fifth respondent calling upon him to convene the meeting of the local body for considering the proposal to remove the petitioner from the post of Panchayat President. Section 205 of the Tamil Nadu Panchayats Act, 1994 is clear to the effect that the proceedings can be initiated only by the Inspector of Panchayats / District Collector. 2/5
3.Of course, the Assistant Director of Panchayats can be called upon to conduct enquiry and submit report. The inputs given by the Assistant Director of Panchayats can be taken into account by the District Collector. But then, the Assistant Director of Panchayats cannot give any independent direction to the jurisdictional Tahsildar to convene the local body meeting. The issue is no longer res integra. When an Assistant Director of Panchayats issued a similar communication to the jurisdictional Tahsildar for convening the meeting for removing the Panchayat President, this Court set aside the same. The learned counsel appearing for the petitioner relied on decision reported in (2023) 1 Writ LR 668 (D.Poornima Rangarajan Vs The District Collector / Inspector of Panchayats & Others).
4.In this view of the matter, the impugned communication is set aside. It is always open to the second respondent to take appropriate action in accordance with law. I have interfered in the matter only on the ground of lack of jurisdiction.
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5.This writ petition is allowed accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 13.06.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To 1.The Secretary to Government, Rural Development and Panchayat Raj Department, Chennai.
2.The District Collector / Inspector of Panchayat, Pudukottai District, Pudukottai.
3.The Assistant Director of Panchayat, Pudukottai, Pudukottai District.
4.The Block Development Officer, Viralimalai Panchayat Union, Viralimalai, Pudukottai District.
5.The Tahsildar, Viralimalai, Pudukottai District.
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G.R.SWAMINATHAN,J.
MGA and W.M.P(MD)Nos.11067 & 11069 of 2024 13.06.2024 5/5