Madras High Court
M. Venda vs The Inspector Of Panchayats/ District ... on 25 October, 2024
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.A.No.3135 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2024
CORAM
THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR
and
THE HONOURABLE MR. JUSTICE P.B.BALAJI
W.A.No.3135 of 2024
and C.M.P.No.24068 of 2024
M. Venda ... Appellant
Vs.
1. The Inspector of Panchayats/ District Collector,
Thiruvannamalai District,
Thiruvannamalai.
2. The Tahsildar,
Polur,
Thiruvannamalai District. ... Respondents
PRAYER: The Writ Appeal is filed under Clause 15 of the Letters Patent
to allow the Writ Appeal and set aside the order passed by this Court
made in W.P.No.13202 of 2024 dated 05.09.2024.
For Appellant : Mr.L.P.Shanmugasundaram
For Respondent : Mr.V.Yamunadevi
Nos.1 and 2 Special Government Pleader
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JUDGMENT
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(Judgment of the Court was delivered by D.KRISHNA KUMAR, J.)
Assailing the order passed by the learned Single Judge in
W.P.No.13202 of 2024 dated 05.09.2024, the writ petitioner has filed the
present writ appeal.
2. The appellant was a elected President of Kilpattu Village
Panchayat from 06.01.2020 and she was arrested for the offences
committed under the Prevention of Corruption (Amedment) Act 2018 in
FIR No. 5/2023, dated 03.05.2023. Subsequently, a notification, dated
29.02.2024 was issued by the District Collector (Seyyar Division),
Thiruvannamalai, dismissing the appellant from the post of President and
consequently, a Government Gazette was also issued on 12.03.2024 in
this regard. Challenging the said notification and the Gazette, the
appellant has filed the writ petition and the same was dismissed. The
order passed by the learned Single Judge is impugned herein.
3. Though learned counsel for the appellant is taking efforts to
satisfy this court to entertain the writ appeal, learned Special Government
Pleader appearing for the respondents submitted that, without availing
the appeal remedy before the appellate authority, the appellant/ writ
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petitioner has filed the writ petition under Article 226 of Constitution of
India. Hence, the present writ appeal, challenging the said order of the
writ court is not maintainable.
4. At this juncture, learned counsel for the appellant seeks liberty
to approach the appellate authority.
5. Recording the submission made by the learned counsel on either
side, we dispose of the writ appeal as follows.
i) The impugned order passed by the learned Single Judge in
W.P.No.13202 of 2024, dated 05.09.2024 is set aside.
ii) The appellant is permitted to prefer an appeal before the
appellate authority, as against the impugned notification and the gazette,
within a period of two weeks from the date of receipt of a copy of this
order.
iii) On receipt of such appeal, it is for the appellate authority to
consider the same and to take appropriate decision on its own merits and
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in accordance with law, within a period of eight weeks there after.
6. Accordingly, this writ appeal is disposed of. There shall be no
order as to costs. Consequently, connected CMP No. 24068 of 2024 is
closed.
(D.K.K, J.) (P.B.B., J.)
25.10.2024
mst
To
1. The Inspector of Panchayats/ District Collector,
Thiruvannamalai District,
Thiruvannamalai.
2. The Tahsildar,
Polur,
Thiruvannamalai District.
https://www.mhc.tn.gov.in/judis
D.KRISHNAKUMAR, J.
and
P.B.BALAJI, J.
mst
25.10.2024
https://www.mhc.tn.gov.in/judis
