R.Ponraj, v. The District Collector Cum

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)Nos.1 and 2 of 2015 R.Ponraj, President, Puthiamputhur Panchayat, Ottapidaram Union, Thoothukudi District.

... Petitioner Vs.

1.The District Collector Cum, Inspector of Panchayats, Thoothukudi District, Thoothukudi.

2.The Tahsildar, Ottapidaram Taluk, Ottapidaram, Thoothukudi District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records on the file of the 1st respondent in connection with the impugned 1/4

notice for hearing issued in Na.Ka.No.Oo.Ni,5/0957/2014 dated 28.10.2015 and quash the same as illegal and ultravires. For Petitioner : Mr.G.Thalaimutharasu For Respondents : Mr.D.Gandhiraj, Spl. Government Pleader.

ORDER

Heard both sides.

2.The petitioner was the president of Puthiyamputhur Panchayat. Complaints were received against him. The Inspector of Panchayats proposing to hold enquiry under Section 205 of the Tamil Nadu Panchayats Act, 1994 issued the impugned enquiry notice. The same is put to challenge in this writ petition.

3.An enquiry notice does not affect the rights of the parties. The petitioner can always offer his explanation and convince the authorities to drop the proceedings. Since notice was issued under Section 205(a) of 2/4

the Act because of sheer lapse of time, it must have become infructuous. It is open to the first respondent to initiate fresh proceedings on merits and in accordance with law.

4.This writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 11.08.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- 1.The District Collector Cum, Inspector of Panchayats, Thoothukudi District, Thoothukudi.

2.The Tahsildar, Ottaipidaram Taluk, Ottaipidaram, Thoothukudi District.

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G.R.SWAMINATHAN, J.

ias 11.08.2023 4/4