Madras High Court
K.Saraswathi vs The Inspector Of Panchayats / District ... on 16 May, 2024
Author: P.T.Asha
Bench: P.T.Asha
W.P.No.13568 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.05.2024
CORAM :
THE HON'BLE MS. JUSTICE P.T.ASHA
W.P.No.13568 of 2024
and W.M.P.Nos.14722 and 14723 of 2024
1.K.Saraswathi
2.C.Suresh
3.R.Sathyamoorthy ... Petitioners
Vs.
1.The Inspector of Panchayats / District Collector
Ranipet District
2.The Tahsildar
Walaja (T.K.)
Ranipet (Dist.) ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorari calling for the entire records relating to
the notice of meeting in Na.Ka.No.Aa1/987/2024 dated 02.05.2024 by the
2nd respondent and quash the same.
For Petitioner : Mr.L.P.Shanmugasundaram
For Respondents : Mr.G.Nanmaran
Special Govt. Pleader - R1 & R2
1/4
https://www.mhc.tn.gov.in/judis
W.P.No.13568 of 2024
ORDER
This writ petition has been filed seeking for issuance of a Writ of Writ
of Certiorari calling for the entire records relating to the notice of meeting in
Na.Ka.No.Aa1/987/2024 dated 02.05.2024 by the 2nd respondent and
quash the same.
2. Heard the learned counsel for the petitioner and Mr.G.Nanmaran,
the learned Special Government Pleader appearing for the respondents.
3.One of the allegations made challenging the impugned notice of
meeting is that the explanation to the show cause notice given by the
petitioner has not been properly considered which is evident from the fact
that there is not even a mention about the explanation in the impugned
notice. This clearly shows the bias on the part of the 1st respondent and the
1st respondent appears to have prejudged the issue.
3.The learned Special Government Pleader appearing for the
respondents would submit that in the light of the above submissions, they
are ready to afford a fresh opportunity to the petitioners to submit their
explanations to the show cause notice dated 08.03.2024 and fresh
https://www.mhc.tn.gov.in/judis
proceedings as contemplated under Section 205 of the Tamil Nadu
Panchayats Act, 1994 (hereinafter referred to as the 'Panchayats Act') shall
be followed.
4.Taking into account the above submissions, the petitioners are
hereby directed to offer their explanations on the show cause notice dated
08.03.2024 to the respondent concerned on or before 05.06.2024.
Thereafter, following the due procedure contemplated under Section 205 of
the Panchayats Act, the 1st respondent shall proceed to dispose of the show
cause notice. The 1st respondent shall bear in mind the judgment of
Division Bench of this Court reported in 2011 (5) CTC 197 (W.A.No.2389
of 2010) dated 22.03.2011, wherein this Court has observed that the
provisions under Section 205 of the Panchayats Act is a drastic provision by
which the 1st respondent / District Collector would be unseating elected
members and therefore a onus is placed on the 1st respondent to exercise his
rights with utmost circumspection. Therefore, this Court is inclined to allow
this Writ Petition.
P.T.ASHA, J.
https://www.mhc.tn.gov.in/judis
kas
5.This Writ Petition stands allowed with the above direction.
Consequently, the impugned notice of meeting in Na.Ka.No.Aa1/987/2024
dated 02.05.2024 by the 2nd respondent is hereby quashed. No costs.
Consequently, the connected miscellaneous petitions are closed.
16.05.2024
kas
Index:Yes/No
Neutral Citation
To
1.The Inspector of Panchayats / District Collector
Ranipet District
2.The Tahsildar
Walaja (T.K.)
Ranipet (Dist.)
and W.M.P.Nos.14722 and 14723 of 2024
https://www.mhc.tn.gov.in/judis
