This bail application was dismissed. The High Court held that the impugned order under the Tamil Nadu Panchayat Act was in public interest to resolve disputes and ensure the smooth functioning of the Panchayat while forensic examination proceedings were pending.
Writ petition dismissed with no costs.
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.
W.P.No.10183 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.04.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.10183 of 2023
and
W.M.P.No.10210 & 10208 of 2023
M.Parasakthi
... Petitioner
Vs.
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records of the impugned order of the 1 st respondent in Ref. No. Na. Ka. No. A4/75/2022 dated Nil/02/2023 signed on 24.02.2023 and quash the same and consequently direct the 1st respondent to take appropriate action against the
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W.P.No.10183 of 2023
respondents 3 and 4 for manipulation of the Panchayat records and putting fake signature on the file of S.Malayanur Panchayat, Ulundurpet Kallakurichi District, on the basis of the petitioner's representation dated 03.06.2022.
For Petitioner : Mr.T.Arockia Dass For M/s.Dass and Viswa Associates
For R1 & R2 : Mr.A.M.Ayyadurai Government Advocate
O R D E R
The impugned order passed under Section 204(3) of the Tamil Nadu Panchayat Act, 1994 in proceedings dated 24.02.2023 is under challenge in the present writ petition.
Panchayat Ulundurpet Taluk, Kallakurichi District for Ward No.2 and now serving as a Vice President of the said Panchayat. There are six Wards in S.Malayanur Panchayat and one Mr.G.Ramasamy is the elected Panchayat President. The petitioner states that right from the date of assumption of the office as members of the Village Panchayat, the members were not permitted to perform their duties as per the provisions of the Tamil Nadu Panchayats
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W.P.No.10183 of 2023
Act, 1994 by the Panachayat President. The members of the Village Panchayat have given written representations and complaints to the respondents 1 and 2 to initiate action against the President of the Panchayat. While so, the order impuged has been passed stating that all mandatory transactions are to be done by the Deputy Block Development Officer (Panchayat Ulundurpet) under Section 204(3) of the Panchayat Act. It is not in dispute that the order impugned passed by the District Collector / Inspector of Panchayats is valid for a period of six months under Section 204(3) of the Act.
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W.P.No.10183 of 2023
this Court passed an interim order on 02.12.2022 directing the Assistant Director of Panchayat, Kallakurichi to send the forged documents to the Forensic Lab for examination. Final order has been passed in the writ petition on 04.01.2023 directing the 1st respondent to take action based on the Forensic report.
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W.P.No.10183 of 2023
authorise the president to perform subject to the control of the Inspector,
such of the duties imposed upon the village panchayat by law and for such
period not exceeding six months as may be specified in such notifications. During the period for which the president is so authorised, there shall be no meeting of the village panchayat” .
Ward members reveals that there are disputes between the President and other Ward members and the allegations against the president is also serious in nature warranting action in the event of establishing that his signatures are forged. Under these circumstances, in order to protect the public interest and for the smooth functioning of the Village Panchayat, the Inspector of Village Panchayat / District Collector based on the order impugned directed the Deputy Block Development Officer to check the signature. Such an action taken by the Inspector of Panchayat is in the interest of public and falling within the ambit of Section 204(3) of the Tamil Nadu Panchayat Act. The order will be given effect to six months and meanwhile, the disputed issues are to be resolved. This being the factum this Court do not find any infirmity in respect of the order passed by the Inspector of Panchayat.
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W.P.No.10183 of 2023
03.04.2023
Jeni Index : Yes Speaking order Neutral Citation : Yes
To
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W.P.No.10183 of 2023
S.M.SUBRAMANIAM, J.
Jeni
W.P.No.10183 of 2023
03.04.2023
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1 issue framed by the court
Whether the order passed under Section 204(3) of the Tamil Nadu Panchayat Act, 1994, authorising the President to perform duties without a meeting, was liable to be set aside?
1 provisions across 1 enactments
M.Parasakthi
The District Collector / The Inspector of Panchayats, Kallakurichi District
The Assistant Director of Panchayats, Kallakurichi
G.Ramasamy
G.Jayaraman
S.M.SубраManiam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
