V.Murugaiah vs The District Collector
2023 Latest Caselaw 14180 Mad

                                                                           W.P(MD)No.22817 of 2023




                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 03.11.2023

                                                   CORAM

                                  THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

                                            W.P(MD)No.22817 of 2023


                V.Murugaiah                                              ... Petitioner

                                                      Vs.

                1.The District Collector,
                  Tenkasi District,
                  Tenkasi.

                2.The Block Development Officer,
                  Vasuthevanallur Panchayat Union,
                  Tenkasi District.

                3.The Panchayat President,
                  Sangupuram Panchayat,
                  Vasuthevanallur Union,
                  Tenkasi District.                                    ... Respondents

                Prayer : Writ Petition filed under Article 226 of the Constitution of India,
                praying this Court to issue a Writ of Mandamus, directing the respondents 1
                and 2 to revoke the order of suspension passed by the third respondent vide his
                proceedings in Na.Ka.No.01/2021, dated 16.11.2021 in the light of the
                judgment passed by the Hon'ble Apex Court in Ajaykumar Chowdhary Vs.



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                                                                                W.P(MD)No.22817 of 2023




                Union of India as well as Government Letter, dated 23.07.2015 based on the
                petitioner's representation, dated 26.04.2023 and 23.08.2023 in person.


                                      For Petitioner      : Mr.K.Sankar

                                      For R-1 & R-2       : Mr.J.Ashok
                                                            Additional Government Pleader


                                                       ORDER

The present writ petition has been filed by a Panchayat Secretary

challenging the order of suspension, dated 16.11.2021 on the ground it is

prolonged for the past two years.

2. The learned Counsel appearing for the petitioner further submitted that

the Panchayat President has no jurisdiction whatsoever to pass an order of

suspension and only the P.A to District Collector has got jurisdiction.

3. Per contra, the learned Additional Government Pleader appearing for

the respondents 1 and 2 pointed out that the Tamil Nadu Village Panchayat

Secretaries (Conditions of Service) Rule, 2013 has been stayed by this Court

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W.P(MD)No.22817 of 2023

and therefore, Panchayat President continues to be the appointing authority,

who has got powers to suspend the writ petitioner.

4. Considering the fact that the petitioner was arrested in a trap case, it is

for the third respondent to consider the request of the petitioner for revocation

of the order of suspension.

5. In case if any representation is made by the writ petitioner for

revocation of suspension, the third respondent is directed to consider the same

on merits and in accordance with law and pass orders, within a period of eight

(8) weeks from the date of receipt of such representation.

6. With the above said observation, this writ petition stands disposed of.

There shall be no order as to costs.

                                                                                      03.11.2023

                NCC               : Yes / No
                Index             : Yes / No
                Internet          : Yes
                BTR

https://www.mhc.tn.gov.in/judis

W.P(MD)No.22817 of 2023

To

1.The District Collector, Tenkasi District, Tenkasi.

2.The Block Development Officer, Vasuthevanallur Panchayat Union, Tenkasi District.

3.The Panchayat President, Sangupuram Panchayat, Vasuthevanallur Union, Tenkasi District.

https://www.mhc.tn.gov.in/judis

W.P(MD)No.22817 of 2023

R.VIJAYAKUMAR, J.

BTR

W.P(MD)No.22817 of 2023

03.11.2023

https://www.mhc.tn.gov.in/judis