Madras High Court
S.Dhanalakshmi vs The District Collector / ... on 9 April, 2021
W.A.(MD)No.786 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.786 of 2021
and
C.M.P.(MD)No.3537 of 2021
S.Dhanalakshmi : Appellant
Vs.
1.The District Collector / Inspector of Panchayat,
Dindigul District,
Dindigul.
2.The Assistant Director of Panchayat,
O/o. The Assistant Director of Panchayat,
Dindigul.
3.The Block Development Officer,
Dindigul Panchayat Union Office,
Dindigul.
4.The Tahsildar,
Dindigul West Taluk Office,
Dindigul.
http://www.judis.nic.in
1/6
W.A.(MD)No.786 of 2021
5.Pallapatti Panchayat,
Rep. by its President,
Pallapatti,
Dindigul District. : Respondents
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, against
the order dated 23.02.2021 made in W.P.(MD)No.3829 of 2021, on the file
of this Hon'ble Court and allow this Writ Appeal.
For Appellant : Mr.T.Selvan
For Respondents : Mr.K.P.Krishnadass
Special Government Pleader
JUDGMENT
***************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
By consent of both parties, the appeal itself is taken up for final
disposal.
2.Heard Mr.T.Selvan, learned Counsel appearing for the
appellant and Mr.K.P.Krishnadass, learned Special Government Pleader
appearing for the respondents.
3.This writ appeal is directed against the order dated
23.02.2021 made in W.P.(MD)No.3829 of 2021. The said writ petition was
filed by the appellant who is the Vice President of Pallapatti Panchayat in
http://www.judis.nic.in
W.A.(MD)No.786 of 2021
Dindigul District, challenging the resolution passed by the fifth
respondent Panchayat dated 03.02.2021 and 04.02.2021 and the notice
issued by the Tahsildar, Dindigul West Taluk, fourth respondent dated
05.02.2021.
4.The Writ Court, dismissed the writ petition on the ground that
the petitioner has challenged the show cause notice and he cannot stall
the proceedings.
5.On a careful perusal of the notice issued by the fourth
respondent dated 05.02.2021, we find that there are two such notices
issued on the same date by the fourth respondent. One is a show cause
notice calling upon the appellant to show cause within 7 days, on the
representation made by the other ward members expressing no
confidence on the appellant and if the appellant does not give her
explanation within 7 days, proceedings will be initiated in terms of
Section 211 of the Tamil Nadu Panchayat Act, 1994 [hereinafter referred
to as 'the Act']. But, along with the said show cause notice, another
summon dated 05.02.2021 was issued directing the appellant to
participate in the meeting of the Panchayat convened by the Tahsildar, in
which, 'No Confidence' is to be tabled.
http://www.judis.nic.in
W.A.(MD)No.786 of 2021
6.So far as the resolution which was stated to have been passed
on 03.02.2021 and 04.02.2021, the writ Court cannot interfere with the
same and to that extent the learned Single Bench was right. However, we
find that simultaneously, issuing show cause notice and summons, is
contrary to the provisions of the Act, because, the appellant is holding the
office of the Vice President of the Panchayat and she is entitled to give
her objections / explanations on expressing 'No Confidence' against her.
The explanation / objection given by the appellant pursuant to such notice
is required to be considered by the District Collector and upon
dissatisfaction, he has to record the same and direct the Tahsildar to
convene a meeting of the Panchayat to discuss the said resolution
regarding 'No Confidence'. On the other hand, if the District Collector
agrees with the explanation, however, it would be well open to him to
drop the proceedings. In any event, the show cause notice and summons
cannot be issued on the same day. Therefore, to that extent, there is
procedural irregularity warranting interference.
7.In the result, the Writ Appeal is allowed in part and the prayer
for quashing the resolution dated 03.02.2021 and 04.02.2021, is rejected
and summon dated 05.02.2021 alone is quashed and the appellant is
directed to submit her explanations to the show cause notice dated
05.02.2021, within a period of seven [7] days from the date of receipt of a
http://www.judis.nic.in
W.A.(MD)No.786 of 2021
copy of this judgment and on receipt of the explanation, the first
respondent shall proceed in accordance with law. However, there shall be
no order as to costs. Consequently, the connected miscellaneous petition
is closed.
[T.S.S., J.] & [S.A.I., J.]
09.04.2021
Index : Yes / No
Internet : Yes / No
MR
Note: Issue a copy of this order by 16.04.2021.
To
1.The District Collector / Inspector of Panchayat,
Dindigul District, Dindigul.
2.The Assistant Director of Panchayat,
O/o. The Assistant Director of Panchayat, Dindigul.
3.The Block Development Officer,
Dindigul Panchayat Union Office, Dindigul.
4.The Tahsildar,
Dindigul West Taluk Office, Dindigul.
5.Pallapatti Panchayat,
Rep. by its President,
Pallapatti, Dindigul District.
http://www.judis.nic.in
W.A.(MD)No.786 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
MR
JUDGMENT MADE IN
W.A.(MD)No.786 of 2021
09.04.2021
http://www.judis.nic.in
