Madras High Court
P.Ezhil Arasu vs The Inspector Of Panchayats/ on 27 August, 2008
Author: K.Chandru
Bench: K.Chandru
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27/08/2008 CORAM THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.(MD)No.4809 of 2008 and M.P.(MD)No.2 of 2008 P.Ezhil Arasu ... Petitioner Vs. 1.The Inspector of Panchayats/ District Collector Tirunelveli District Tirunelveli. 2.The Block Development Officer, Radhapuram Panchayat Union, Radhapuram, Tirunelveli District. 3.The Tahsildar, Radhapuram Taluk, Tirunelveli District. ... Respondents !For Petitioner ... Mr.P.Athimoolapandian ^For Respondents 1 and 2... Mr.D.Sasikumar Government Advocate For Respondent-3 ... Mr.M.Raja Rajan Government Advocate PRAYER Writ petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, calling for the entire records of the 3rd respondent herein in connection with the impugned order passed in his proceedings A2/15735/2008 dated 22.05.2008 and quash the same as illegal. :ORDER
The petitioner is the President of Koodankulam Village Panchayat. A proceeding dated 22.05.2008 was issued under Section 205(i) of Tamil Nadu Panchayat Act, 1994, by the District Collector, calling for show-cause on the irregularities committed by the petitioner.
2.The petitioner has come forward to file the present writ petition challenging the action of the first respondent/District Collector (The Inspector of Panchayats). The Writ Petition was admitted on 29.05.2008 and also an interim stay was granted on 20.06.2008. The vacate stay application was filed in M.P.NO.3 of 2008 which was closed by this Court, since the main writ petition itself has posted for hearing.
3.A detailed counter affidavit was also filed dated 02.06.2008 and the original records relating to the proceedings were also circulated by the learned Government Advocate.
4.Mr.K.P.Krishnadoss, learned counsel for the petitioner made two submissions. First was, the Block Development Officer has no power to communicate the order of the District Collector and there is no order of the District Collector for convening a meeting and taking the views of all the members.
5.The original file circulated by the Government Advocate shows that the District Collector had passed an order dated 06.05.2008, considering the explanation given by the petitioner and also directing the Tahsildar, Radhapuram Taluk, to convene a meeting to the Village Panchayat and read out the show-cause notice and explanation and after recording the views of the members, sent the records along with the report of the first respondent. It was this order which was sent to the Block Development Officer, and in tern, communicated to the Tahsildar with a covering letter to the Block Development Officer dated 15.05.2008. Therefore, it cannot be said that there was no satisfaction by the Inspector of Panchayat and a consequential direction to the District Collector in accordance with Section 205 of the Tamil Nadu Panchayats Act, 1994.
5.The second ground urged by the petitioner was that he was not served with notice by the Tahsildar. It is seen from the record that initial notice dated 08.05.2008 was for convening a meeting on 03.06.2008 was served without the signature of the Tahsildar and contain only the Deputy Tahsildar Signature and therefore, the meeting could not have been convened and the meeting was adjourned to 07.06.2008. The said meeting which was convened on 07.06.2008 and signed by the Tahsildar was served on the petitioner and all the other members and the petitioner signature is found in Sl.No.13. Therefore, even this argument that he was not given proper notice is also must fail.
6. In the light of the above, the writ petition stands dismissed. Consequently, connected miscellaneous petition is also dismissed. It is open to the Tahsildar to reconvene the meeting in accordance with law.
Mpk To
1.The Inspector of Panchayats/ District Collector Tirunelveli District Tirunelveli.
2.The Block Development Officer, Radhapuram Panchayat Union, Radhapuram, Tirunelveli District.
3.The Tahsildar, Radhapuram Taluk, Tirunelveli District.