Karthick v. The District Collector / Inspector Of Panchayat

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.26249 of 2023 & 4163 of 2024 Karthick ... Petitioner Vs.

1.The District Collector / Inspector of Panchayat, District Collectorate, Virudhunagar.

2.The Assistant Director of Panchayat, Virudhunagar Collectorate, Virudhunagar.

3.The Block Development Officer, Thiruchuli Union, O/o.M.Reddiyapatti, Virudhuangar District.

4.The President, Kulasekaranallur Panchayat, Thiruchuli Union, Virudhunagar District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 1st respondent in Na.Ka.No. UE1.2874/2023 dated 13.12.2023 and quash the same consequently directing the 1st respondent to give suitable instruction to allow the petitioner 1/4

to operate the Cheque of the panchayat by considering the petitioner's representation dated 09.11.2023.

For Petitioner : Mr.A.Balaji For Respondents : Mr.Veerakathiravan Additional Advocate General assisted by Mr.C.Satheesh Government Advocate for R1 to R3 : no appearance for R4

ORDER

Heard the learned counsel appearing for the petitioner and the learned Additional Advocate General assisted by the Government Advocate for the respondents.

2. By the impugned order, the petitioner's cheque signing power had been taken away. Even though an enquiry was conducted, it is seen that no specific show cause notice proposing withdrawal of the petitioner's check signing power was issued. It is only on this technical ground, I set aside the impugned order. The matter is remitted to the first respondent. It is open to the first respondent to issue show cause notice and then pass a formal order if so advised.

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3. The Writ Petition is allowed on these terms with the aforesaid liberty to the first respondent. No costs. Consequently, connected miscellaneous petitions are closed.

27.03.2024 Index : Yes / No Internet : Yes/ No rmi To 1.The District Collector / Inspector of Panchayat, District Collectorate, Virudhunagar.

2.The Assistant Director of Panchayat, Virudhunagar Collectorate, Virudhunagar.

3.The Block Development Officer, Thiruchuli Union, O/o.M.Reddiyapatti, Virudhuangar District.

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G.R.SWAMINATHAN, J.

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