Vigneshwaran.U v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN U.Vigneshwaran ... Petitioner Vs 1.The District Collector, Collectorate, Trichy District, Trichy.
2.The Block Development Officer, Village Panchayat, Andhanallur Panchayat Union, Trichy District.
3.The Assistant Director (Panchayat) Collectorate, Trichy.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certioraro, to call for the records pertaining to the impugned proceedings issued by the 1st respondent in Na.Ka. A9/480/2022/Vu.E. (Voo) dated 06.05.2022 and quash the same. For Petitioner : Mr.N.R.Murugesan For R1 : Mr.K.Balasubramani 1/4
Special Government Pleader For R2 & R3 : Mr.R.Baskaran Additional Advocate General assisted by Mr.A.Baskaran Additional Government Pleader
ORDER
Heard the learned counsel appearing for the writ petitioner and the learned Additional Advocate General appearing for the respondents.
2. The petitioner challenges the notice issued under Section 205 of the Tamil Nadu Panchayats Act, 1994. The learned counsel appearing for the petitioner took me through the averments set out in the affidavit filed in support of the writ petition and contended that the impugned notice has to be set aside.
3. I am not persuaded by the said submission. As rightly pointed out by the learned Additional Advocate General, the impugned notice by itself does not infringe the rights of the petitioner. The petitioner can always place his explanation and only if the proceedings culminate in adverse order, the petitioner can feel aggrieved.
4. I sustain the said objection raised by the learned Additional Advocate General. The petitioner is yet to submit his reply in response to the impugned notice. The petitioner is given four weeks to offer his explanation. The petitioner is permitted to approach the third respondent on 18.08.2022 at 11.00 a.m. in his office. The documents based on which the impugned notice has 2/4
been issued shall be made available for the writ petitioner's perusal. The petitioner is permitted to take photocopies of the same on his whatsapp. Likewise, the petitioner may require certain documents so that he can give effective reply. It is seen that the petitioner had already given a representation dated 22.07.2022. The respondent shall consider the same and make available those documents which are necessary for the writ petitioner to offer his reply. The said document can also be taken on the petitioner's whatsapp.
5. With this liberty to the writ petitioner and direction to the respondents, the Writ Petition is disposed of. No costs.
11.08.2022 Index : Yes / No Internet : Yes/ No rmi To 1.The District Collector, Collectorate, Trichy District, Trichy.
2.The Block Development Officer, Village Panchayat, Andhanallur Panchayat Union, Trichy District.
3.The Assistant Director (Panchayat) Collectorate, Trichy.
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G.R.SWAMINATHAN, J.
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