S.K Stephen Joseph Raja v. The Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN 1.S.K.Stephen Joseph Raja 2.Senthurpandi 3.Jebakani ... Petitioners /vs./ 1.The Government of Tamil Nadu, represented by its Secretary, Rural Development and Panchayat Raj Department, Chennai.

2.The District Collector, Office of the District Collector, Kokkirakulam, Tirunelveli District.

3.The Assistant Director of Panchayats, Collectorate, Tirunelveli.

4.The Block Development Officer/Commissioner, Nanguneri Panchayat Union Council, Nanguneri, Tirunelveli District.

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5.C.Sowmiya Arockia Edwin ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd and 3rd respondent to move no confidence motion against the 5th respondent and consequently remove her from the post of Chairman of Nanguneri Panchayat Union by considering the representation dated 14.07.2025 within a time stipulated by this Court. For Petitioners : Mr.S.I.Muthiah For R1 to R3 : Mr.C.Satheesh Government Advocate For R4 : Mr.M.Siddharthan Additional Government Pleader

ORDER

This writ petition is disposed of at the time of admission after hearing the learned counsel for the petitioners, learned Government Advocate for the respondents 1 to 3 and the learned Additional Government Pleader for the fourth respondent, after dispensing with the notice on the fifth respondent. 2.It appears that the petitioners are the Councilors of Nanguneri Panchayat Union, who have moved a motion against the fifth respondent, the Chairman of Nanguneri Village Panchayat.

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3.It is submitted that in terms of Section 212 of the Tamil Nadu Panchayats Act, 3/5th of the elected panchayat members can move a motion for no confidence. 4.It is submitted that there are only 16 elected members and out of 16 members, 13 members have moved an application for 'No Confidence Motion' against the fifth respondent, who is none other than the elected President of the aforesaid Panchayat.

5.The learned counsel for the Official respondents submits that a show cause notice has been issued to the fifth respondent on 17.07.2025, based on the no confidence moved by the petitioners on 14.07.2025. Already steps have been taken by the second respondent on that directions. 6.The second respondent shall ensure that the motion is allowed to be placed for no confidence well before 28.10.2026, so that there is no procedural infractions in the proposed 'No Confidence Motion' against the fifth respondent. 3/6

7.It is made clear that the second respondent shall not delay in the further proceedings pursuant to the aforesaid 'No Confidence Motion' initiated by the respective petitioners along with 10 others on 14.07.2025 against the fifth respondent.

8.The Writ Petition stands disposed of, accordingly. No costs. Index : Yes / No 31.07.2025 Internet : Yes / No mm To 1.The Secretary, Rural Development and Panchayat Raj Department, Chennai.

2.The District Collector, Office of the District Collector, Kokkirakulam, Tirunelveli District.

3.The Assistant Director of Panchayats, Collectorate, Tirunelveli.

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4.The Block Development Officer/Commissioner, Nanguneri Panchayat Union Council, Nanguneri, Tirunelveli District.

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C.SARAVANAN, J.

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