Allowed

S.Rajeswari v. The District Collector

Madras HC8 Jun 2023WP/12366/2023

Case brief

AI extract

What is this about?

A group of ward councillors filed a writ petition seeking direction to convene a no-confidence motion against the President of Panchamadevi Village Panchayat under Section 205 of the Tamil Nadu Panchayats Act. The Court noted that an enquiry was conducted by the Assistant Director of Panchayats and the report submitted to the District Collector. The Court directed the District Collector to proceed

What did the court decide?

Direction issued to the 1st Respondent (District Collector) to proceed further based on the enquiry report and complete the process within six weeks.

S.Rajeswari Vs The District Collector — Service and Employment | Madras HC (2023)

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W.P.No.12366 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 08.06.2023

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CORAM :

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THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

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W.P.No.12366 of 2023

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1.S.Rajeswari 2.A.Priya 3.K.Sangeetha 4.S.Sathiya 5.D.Karthikeyan 6.P.Tamilselvi

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... Petitioners

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.Vs.

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The District Collector /Inspector of Panchayats District Collectorate Complex Villupuram - 605 602.

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The Assistant Director of Panchayats District Collectorate Complex Villupuram - 605 602. 3. The Block Development Officer (Village Panchayats) Kandamanagalam Union Kandamangalam 605 102, Villupuram Taluk Villupuram District.

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The Revenue divisional Officer District Collectorate complex Villupuram - 605 602.

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Page 1 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.12366 of 2023

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5. The Secretary

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Panchamadevi Village Panchayats office Panchamadevi P. Vilanur Post - 605 105 Villupuram.

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The Tahsildar Villupuram Taluk Villupuram - 605 602.

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7. R.Selvam

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S/o. Rajadurai President of Panchamadevi Village Panchayats Panchamadevi Village Panchayats Office Panchamadevi P.Vallanur Post-605 105 Villupuram.

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.. Respondents

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Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 1st respondent to convene the no confidence motion of ward councilors meeting of the Panchamadevi Village Panchayats Villupuram District, pursuant to joint representation of petitioners dated 14.3.2023 as per the Section 205 of the Tamil nadu Panchayats Act, 1994 against the 7^th respondent as President of Panchayat within stipulate time as prescribed by this Court.

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For Petitioners Mr.P.Kannan For Respondent Mr.S.Arumugam Government Advocate for R1, R2, R4, R6

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Mrs.Geetha Thamaraiselvan Special Government Pleader for R3

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Page 2 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.12366 of 2023

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O R D E R

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This writ petition was filed by the Ward Councillors of Panchamadevi Village Panchayat, Villupuram District for a direction to the District Collector/Inspector of Panchayats to convene a no confidence motion of the Village Panchayat pursuant to the joint representation made by the petitioners on 14.3.2023, wherein the petitioners have sought for action to be initiated against the 7^th respondent, who is the President of the Village Panchayat u/s 205 of the Tamil Nadu Panchayats Act, 1994.

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2.When the matter came up for hearing on 28.04.2023, this Court passed the following order:

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The matter was posted under the caption for Orders today.

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2.The learned Government Advocate produced the written instructions received from the Assistant Director of Panchayats, Villupuram. On going through the same, it is seen that the proceedings have already been initiated and the parties have been called for an enquiry and the documents have also been collected. It is now under the scrutiny of the Assistant Director of Panchayats. A report will be submitted before the Inspector of Panchayats thereafter and further course of action will be initiated.

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3.In view of the above development, this Court wants to await the further course of action to be taken by the 1^st and 2^nd respondents.

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4.Post this case under the same caption on 08.06.2023

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Page 3 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.12366 of 2023

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3.When the matter was taken up for hearing today, the learned Government Advocate appearing on behalf of the respondents 1, 2, 4 and 6 produced the written instructions received from the 2^nd respondent. On going through the written instructions, it is seen that the 2^nd respondent had conducted an enquiry and recorded the statements and a report has been submitted to the 1^st respondent viz., the District Collector through letter dated 05.06.2023. The learned Government Advocate submitted that the case is now at the stage of the District Collector to take further action based on the report submitted by the 2^nd respondent.

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4.In the light of the above development, there shall be a direction to the 1^st respondent to proceed further with the report that was submitted by the 2^nd respondent and also the joint representation made by the petitioners and deal with the same in accordance with law and the said process shall be completed by the 1^st respondent within a period of six weeks from the date of receipt of a copy of this order.

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5.This writ petition is disposed of in the above terms. No costs.

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08.06.2023

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KP Internet : Yes/No Index : Yes/No Neutral Citation :Yes/No

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Page 4 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.12366 of 2023

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The District Collector /Inspector of Panchayats District Collectorate Complex Villupuram - 605 602.

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The Assistant Director of Panchayats District Collectorate Complex Villupuram - 605 602.

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The Block Development Officer (Village Panchayats) Kandamanagalam Union Kandamangalam 605 102, Villupuram Taluk Villupuram District.

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The Revenue divisional Officer District Collectorate complex Villupuram - 605 602.

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The Secretary

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Panchamadevi Village Panchayats office Panchamadevi P. Vilanur Post - 605 105 Villupuram.

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6. The Tahsildar

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Villupuram Taluk

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Villupuram - 605 602.

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R.Selvam

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S/o. Rajadurai President of Panchamadevi Village Panchayats Panchamadevi Village Panchayats Office Panchamadevi P.Vallanur Post-605 105 Villupuram.

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Page 5 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.No.12366 of 2023

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N.ANAND VENKATESH, J. KP

W.P.No.12366 of 2023

08.06.2023

Page 6 of 6

https://www.mhc.tn.gov.in/judis

S.Rajeswari v. The District Collector

Case brief

What is this about?

What did the court decide?

S.Rajeswari v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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