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S.A. Selvi Vs the State of Tamil Nadu — Landlord and Tenant | Madras HC (2022)

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Madras HC
2022
S.A. Selvi Vs the State of Tamil NaduS.A. Selvi v. the State of Tamil Nadu

Disposed

S.A. Selvi v. the State of Tamil Nadu

Madras HC10 Feb 2022WA/160/2022

Case brief

from the order text

What is this about?

HIGH COURT OF JUDICATURE AT MADRAS DATED:…

What the court decided

AI extract

Outcome

A

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.02.2022

CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI,

ACTING CHIEF JUSTICE

AND

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

W.A.Nos.160 and 161 of 2022

S.A.Selvi .. Appellant in WA No.160/22 Jhansi Mary Thangarasan .. Appellant in WA No.161/22

Vs.

The State of Tamil Nadu Rep. by its Secretary Rural Development & Panchayat Raj Department Fort St. George, Chennai.

The District Collector Cuddalore District Collectorate Cuddalore

The Revenue Divisional Officer Virudachalam Division, Cuddalore.

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the appeal filed under Clause 15 of the Letters Patent Act against the order denying remedy for quashing a No Confidence Motion under Section 212 of the Tamil Nadu Panchayats Act, 1994, was th

Statutes considered

3 provisions across 3 enactments

AI extract

Constitution of IndiaArticle 226
Tamil Nadu Letters PatentClause 15
Tamil Nadu Panchayats Act, 1994212

Parties & counsel

AI extract

appellant
S.Selvi
appellant
Jhansi Mary Thangarasan
respondent
The State of Tamil Nadu
respondent
The District Collector Cuddalore
respondent
The Revenue Divisional Officer Virudachalam
respondent

Case details

As recorded by the court registry

Court: Madras HC
Decided on: 10 Feb 2022 · February
Registered: 27 Jan 2022
Case no.: WA/160/2022

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Cite this judgement

S.A. Selvi v. the State of Tamil Nadu, WA/160/2022 (MAD), decided on 10 February 2022.

The Madras High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Constitution of IndiaArticle 226
Tamil Nadu Letters PatentClause 15
Tamil Nadu Panchayats Act, 1994212

View all statutes

Bench / Coram

Munishwar Nath Bhandari and D. Bharatha Chakravarthy

Parties & counsel

Disposed

Issue for consideration

Whether the appeal filed under Clause 15 of the Letters Patent Act against the order denying remedy for quashing a No Confidence Motion under Section 212 of the Tamil Nadu Panchayats Act, 1994, was th

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

The Block Development Officer Nallur Panchayat Union Nallur, Cuddalore District.

.. Respondents in both W.As

Prayer: Appeals filed under Clause 15 of the Letters Patent Act against the common order dated 19.01.2022 made in W.P.Nos.589 & 592 of 2022 respectively.

Commo Prayer in WP.Nos.589 & 592 of 2022:Writ Petitions filed under article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus calling for the records of the third respondent issued in Na.Ka.No.A3/4640/2021, dated 27.12.2021 and the consequential Notice in Na.Ka.No.A3/4640/2021, dated 04.01.2022 and quash the

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same and consequently direct the third respondent to conduct an enquiry into the complaint made by the Petitioners on 29.12.2021 before proceeding with the enquiry for “No confidence Motion” against the petitioners under section 212 of the Tamil Nadu Panchayats Act 1994.

For the Appellants : Mr.V.Vijay Narayan Senior Counsel For Mr.c.Vigneswaran For the Respondents : Mr.R.Shunmugasundaram Advocate General Assisted by Mr.T.N.C.Kaushik, Addl.G.P.

JUDGMENT

(Judgment of the Court was delivered by the Hon'ble Acting Chief Justice)

These appeals have been filed challenging the order dated 19.01.2022.

This Court, while hearing the appeals, passed a detailed order on 02.02.2022, pursuant to which, the second respondent has filed an additional counter. It is submitted, in the additional counter, that as against the total strength of Union Council of 21 members, the required number to move a No Confidence Motion is 3/5th, namely minimum 13 members. The Motion was moved by 14 Members. But, immediately thereupon, an allegation was made regarding the forged signatures of two Members.

According to learned Additional Government Pleader, an enquiry was conducted and found that the signatures of two Members were forged and thus, the application for No Confidence Motion was not taken into consideration, in the light of the fact that the required number of Members was lacking.

In view of the above, the appeal has become infructuous. However, the aforesaid facts have been recorded for clarity, in reference to the proposed action for No Confidence Motion. Accordingly, the judgment under challenge is set aside and the

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appeal is disposed of with the aforesaid. There will be no order as to costs. CMP Nos.1086 and 1089 of 2022 are closed.

Sd/Assistant Registrar(CS-V)

//True Copy//

Sub Assistant Registrar

kpl/drm To: 1. The Secretary Rural Development & Panchayat Raj Department Fort St. George, Chennai. 2. The District Collector Cuddalore District Collectorate Cuddalore 3. The Revenue Divisional Officer Virudachalam Division, Cuddalore. 4. The Block Development Officer Nallur Panchayat Union Nallur, Cuddalore District. +1cc to the Government Pleader, S.R.No.9051

W.A.Nos.160 and 161 of 2022

SSI(CO) SU(17/02/2022)

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The Block Development Officer Nallur

Coram

AI extract

Munishwar Nath Bhandari
D. Bharatha Chakravarthy

CNR

HCMA010098862022

Topic

Landlord and Tenant

Bench

Acting D.bharatha Chakravarthy

Disposal

DISPOSED OF

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10 Feb 2022

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