A.Rajadurai v. The Inspector Of Panchayat / District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD)No.23309 of 2024 A.Rajadurai ... Petitioner -vs1.The Inspector of Panchayat / District Collector, Tenkasi District, Tenkasi.

2.The Tahsildar, Sankarankovil Taluk, Tenkasi District.

3.Pattadaikatti Panchayat, Rep. by its President, Pattadaikatti, Sankarankovil Taluk, Tenkasi District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the 1st respondent to complete the removal proceedings against the president of the 3rd respondent Mrs.K.Sumathi by invoking Section 205(11) of the Tamil Nadu Panchayat Act, 1994 based on the petitioner's representation dated 27.10.2023. For Petitioner :

Mr.Ananth C.Rajesh For Respondents :

Mr.P.Thilak Kumar, 1/4

Government Pleader

ORDER

[Order of the Court was made by R.SUBRAMANIAN, J.] The prayer in the writ petition reads as follows: "To issue a Writ of Mandamus, to direct the 1st respondent to complete the removal proceedings against the president of the 3rd respondent Mrs.K.Sumathi by invoking Section 205(11) of the Tamil Nadu Panchayat Act, 1994 based on the petitioner's representation dated 27.10.2023."

2. The complaint of the petitioner is that there has been complete inaction on the part of the Inspector of Panchayat / District Collector, Tenkasi, in taking action against the President of Pattadaikatti Panchayat. We find from the show cause notice issued to the President on 20.12.2022 that several irregularities have been pointed out and the President has been asked to explain as to the said irregularities. It appears that the President has submitted his explanation also. It is also seen that out of 9 members of the Panchayat 7 members have supported the resolution for removing President. However, the District Collector, Tenkasi, has in his written instructions to the Government Pleader dated 21.10.2024, stated that it is only the Secretary of the Panchayat who was responsible for the irregularities and 17(b) charges have been framed against him. The District Collector has given a clean sheet to the President. 2/4

3. Hence, the writ petition is dismissed. There shall be no order as to costs.

[R.S.M., J.] [L.V.G., J.] 23.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes Sml To 1.The Inspector of Panchayat / District Collector, Tenkasi District, Tenkasi.

2.The Tahsildar, Sankarankovil Taluk, Tenkasi District.

3.Pattadaikatti Panchayat, Rep. by its President, Pattadaikatti, Sankarankovil Taluk, Tenkasi District.

3/4

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

Sml W.P.(MD)No.23309 of 2024 23.10.2024 4/4