Madras High Court
U.Umarani vs The Director on 10 August, 2022
W.P.No.20395 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.08.2022
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.P.No.20395 of 2022
and
W.M.P.Nos.19577 & 19578 of 2022
U.Umarani ... Petitioner
Vs.
1.The Director,
Directorate of Rural Development & Panchayatraj,
Chennai – 600 015.
2.The District Collector,
Dharmapuri District – 636 705.
3.The Assistant Director,
Rural Development,
Collector Office Buildings,
Dharmapuri – 636 705.
4.The Zonal Deputy Block Development Officer,
Village Panchayaths,
Morappur Union,
Dharmapuri District – 635 305.
5.Vinotha ... Respondents
1/8
https://www.mhc.tn.gov.in/judis
W.P.No.20395 of 2022
Prayer: Writ Petition filed under Article 226 of Constitution of India, for
issuance of a Writ of Certiorarified Mandamus, to call for the records in
Na.Ka.No.1856/2020/A1 dated 09.05.2022 on the file of the 2nd respondent
and quash the same and consequently direct the 2nd respondent to make 4th
respondent to be the co-signing authority along with the petitioner to
withdraw funds from all accounts of Morappur Panchayath, Morappur Union,
Dharmapuri District to carry out all the works and also to incur necessary
expenses relating to the said Panchayath.
For Petitioner : Mr.J.Bharathi Raja
For Respondent : Mr.M.Shahjahan
Special Government Pleader
for R1 to R4
Mr.S.Mythreye Chandru
Special Government Pleader
for R5
ORDER
Mr.M.Shahjahan, learned Special Government Pleader takes notice on
behalf of the 1st to 4th respondents and Mr.S.Mythreye Chandru, learned
Special Government Pleader takes notice on behalf of the 5th respondent.
https://www.mhc.tn.gov.in/judis
W.P.No.20395 of 2022
2.After hearing the learned counsel for the petitioner and the learned
counsel for the respondents, this writ petition is being disposed by directing
the 2nd respondent to consider the petitioner's representation dated 01.06.2022
within a period of four weeks from the date of receipt of a copy of this order.
It appears that the petitioner and the 5th respondent were elected as a
President and Vice President of Morapur Panchayat in Dharmapuri District.
3.The petitioner had earlier approached this Court alleging that the 5th
respondent was not co-operating with the petitioner in signing the cheque
which created the dead lock in the Morapur Panchayat. Under these
circumstances, the petitioner had filed writ petition before this Court in
W.P.No.16434 of 2021 which came to be disposed by an order dated
08.10.2021. The relevant portion from the aforesaid order reads as under:-
In view of the above, there shall be a direction to the first
respondent to forthwith initiate action under the Tamil Nadu
Panchayat Act, 1994 and proceed further in accordance with law
and the first respondent shall ensure that the functioning of the
Panchayat is restored and it no more affects the activities of the
Panchayat since it has a direct impact on the public interest.
https://www.mhc.tn.gov.in/judis
W.P.No.20395 of 2022
4.It appears that the 4th respondent had also filed the writ petition
before this Court challenging to withdrawal of the powers to sign the cheques
from the petitioner herein in W.P.No.3211 of 2022 which came to be
disposed of by separate order dated 18.03.2022 with the following
observations:-
“7.A similar issue came up for consideration before this
Court in Writ Petition (MD).No.5547 of 2009. This Court
following the judgment of Division Bench of this Court
reported in 2005 (1) CTC 545 cited supra, allowed the Writ
Petition and quashed the impugned order withdrawing
cheque signing power on the ground that no notice was given
to the Vice President and no opportunity of seeking
explanation was given to the Vice President therein. It was
held that before withdrawing cheque signing power, notice
must be issued to the person setting out allegations made out
and to give opportunity to submit his explanation. Only after
considering the explanation, the authority can pass order as
per the provisions of Panchayat Act. In the present case, the
1st respondent has not given any notice to the petitioner and
no allegation against the petitioner was brought to her notice
seeking her explanation. The impugned order has been
passed in violation of provisions of Panchayat Act, which
enables the 1st respondent to withdraw the cheque signing
power of President or Vice President. The ratio in the
judgment reported in 2005 (1) CTC 545 cited supra, is
squarely applicable to the facts of the present case. For the
above reasons, the impugned order of the 1st respondent is
quashed. It is open to the 1st respondent to issue notice to the
petitioner specifying the allegations against her, calling for
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W.P.No.20395 of 2022
her explanation and pass orders after considering the
explanation given by the petitioner.”
5.Pursuant to the above, the 2nd respondent has now passed an order
dated 09.05.2022 and also restored the powers given to the 5th respondent to
sign the cheques along with the other members. However, it is the case of the
petitioner, despite the order of this Court and the powers have been restored
from the 4th respondent, the 4th respondent is refusing to sign the cheque
along with others and is thus once again creating dead lock in the functioning
and management of the Morapur Panchayat. In this connection, the petitioner
has given a representation dated 01.06.2022 to the 4th respondent with a
request to the 2nd respondent to take over the powers of the 5th respondent
Vice President.
6.I have considered the arguments advanced by the learned counsel for
the petitioner and the learned counsel for the respondents.
7.I direct the 2nd respondent to consider and pass orders on the
petitioner's representation dated 01.06.2022. While considering the aforesaid
https://www.mhc.tn.gov.in/judis
W.P.No.20395 of 2022
representation, the 2nd respondent shall also consider and powers vested
under Section 204 of the Panchayat Act, 1994. The above exercise shall be
carried out by the respondent within a period of four weeks from the date of
receipt of a copy of this order.
8.Needless to state, before passing such order, the 5th respondent shall
also be heard.
9.Accordingly, this writ petition stands disposed of with the above
observations. No costs. Consequently, the connected miscellaneous
petitions are closed.
10.08.2022
Index : Yes/No
Internet : Yes/No
Speaking/Non-speaking Order
jas
https://www.mhc.tn.gov.in/judis
W.P.No.20395 of 2022
To
1.The Director,
Directorate of Rural Development & Panchayatraj,
Chennai – 600 015.
2.The District Collector,
Dharmapuri District – 636 705.
3.The Assistant Director,
Rural Development,
Collector Office Buildings,
Dharmapuri – 636 705.
4.The Zonal Deputy Block Development Officer,
Village Panchayaths,
Morappur Union,
Dharmapuri District – 635 305.
https://www.mhc.tn.gov.in/judis
W.P.No.20395 of 2022
C.SARAVANAN, J.
jas
W.P.No.20395 of 2022
and
W.M.P.Nos.19577 & 19578 of 2022
10.08.2022
https://www.mhc.tn.gov.in/judis
