Madras High Court
Mrs. S. Girija … vs The District Collector/ on 7 September, 2021
W.P.No.16906 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.09.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.16906 of 2021 &
W.M.P. No. 17891 & 17892 of 2021
Mrs. S. Girija …. Petitioner
-Vs-
1. The District Collector/
Inspector of Panchayat
Collectorate
Tiruvarur District
2. The Assistant Director of Panchayat
Tiruvarur
Tiruvarur District
3. The Block Development Officer
Panchayat Union
Tiruvarur
4. Mrs. Vijayalakshmi
1/8
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W.P.No.16906 of 2021
5. Mr. K. Senthilkumar ….
Respondents
Writ Petition under Article 226 of the Constitution of India praying
for the issuance of a Writ of certiorarified mandamus or any another
appropriate writ or order or direction calling for the records from
the 1st respondent pertaining to the impugned order passed in Na Ka
No.1650/2021/A2/Wo.E (Woo) dated 9.7.21 and to quash the same
and consequently pass orders to direct the 1st respondent to
renominate the petitioner as the joint signatory for signing the
cheques, bills, etc. pertining to the Koodur Panchayat Board,
Tiruvarur District.
For Petitioner : K.M.Subrahmaniam
For Respondents : Mr. A.Selvendran.
Government counsel
for R1 & R2
Mr. V. Manoharan,
Government Advocate
for R3
ORDER
This writ petition has been filed challenging the
impugned proceedings of the first respondent dated 09.07.2021 and
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W.P.No.16906 of 2021
for a consequential direction to the first respondent to re-nominate
the petitioner as the joint signatory for signing the cheques and
other documents pertaining to the panchayat.
2. The case of the petitioner is that she is the elected Vice
President of Koodur Panchayat Board in Tiruvarur district. The
petitioner is the authorized joint signatory for signing the cheques
and other documents. The petitioner seems to have made certain
representations against the President of the Panchayat and her
husband to the effect that they are indulging in corrupt practices.
While so, the impugned order came to be passed by the first
respondent dis-entitling the petitioner to sign the cheques and
other documents pertaining to the panchayat. Aggrieved by the
same, the present writ petition has been filed before this Court.
3. When the matter was taken up for admission on
12.08.2021, this Court has passed the following interim order:-
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W.P.No.16906 of 2021
Mr.A.Selvendran, learned Government Advocate takes notice
for the respondents 1 and 2. Mr.V.Nanmaran takes notice for
the third respondent. Notice to the respondents 4 and 5
returnable by 02.09.2021. Private notice is also permitted.
2. A reading of the impugned proceedings of the first
respondent dated 09.07.2021 shows that the order was
passed without affording an opportunity to the petitioner.
The issue involved in the present case is covered by the
earlier judgment of this Court in “Pugazhendran -Vs- B.G.Balu
and another” reported in 2005 (1) CTC 545, wherein the
Division Bench of this Court had categorically held that there
must be a harmonious construction of Section 188(3) of the
Tamil Nadu Panchayats Act, 1994 and G.O.Ms.No.92 dated
26.03.1997 and therefore, an order can be passed by the
District Collector only after affording an opportunity to the
office bearer.
3. A prima facie case has been made out. There shall be
an order of interim stay of the operation of the impugned
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W.P.No.16906 of 2021
order passed in Na.Ka.No.1650/2021/A2/Wo.E (Woo) dated
09.07.2021. Post this writ petition under the caption “For
Orders” on 02.09.2021.
4. When the matter was taken up for hearing today, the
learned counsel appearing on behalf of the 3rd respondent
submitted the counter affidavit filed on behalf of the 3rd
respondent. Even though, the entire counter affidavit deals with
the merits of the case, it is clear from the counter affidavit that the
impugned order has been passed by the first respondent without
affording an opportunity to the petitioner. Therefore, the reasoning
given by this Court while passing the interim order will hold good
and the impugned order passed by the first respondent is liable to
be interfered with on that ground alone.
5. In view of the above discussion, the impugned
proceedings of the first respondent dated 09.07.2021 is hereby
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W.P.No.16906 of 2021
quashed. The first respondent is directed to issue a fresh notice to
the petitioner calling for an explanation and thereafter, deal with
the same in line with the Division Bench judgment of this Court in
[Pugazhendran -Vs- B.G.Balu and another] in 2005(1) CTC 545, after
affording an opportunity to the petitioner. Till a final order is
passed by the first respondent, the petitioner will be entitled to
effectively function as the Vice President of the Panchayat with all
signing powers.
6. This writ petition is allowed with the above directions.
No costs. Consequently, the connected miscellaneous petitions are
closed.
07.09.2021
sha/rka
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W.P.No.16906 of 2021
To
1. The District Collector/
Inspector of Panchayat
Collectorate
Tiruvarur District
2. The Assistant Director of Panchayat
Tiruvarur
Tiruvarur District
3. The Block Development Officer
Panchayat Union
Tiruvarur
https://www.mhc.tn.gov.in/judis/
W.P.No.16906 of 2021
N.ANAND VENKATESH, J.
sha
W.P.No.16906 of 2021
& WMP No.17891 & 17892 of 2021
07.09.2021
https://www.mhc.tn.gov.in/judis/
