This writ petition challenged the reappointment of a Village Panchayat Secretary that bypassed the petitioner. The court found the second respondent followed proper selection procedure within the Panchayat Act. The petition was dismissed as the order warranted no interference.
No relief granted; writ petition dismissed.
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.8804 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.09.2024
CORAM
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.No.8804 of 2021 and W.M.P.Nos.9335 & 9339 of 2021
M.Rasu
... Petitioner
Vs.
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the second respondent passed in his impugned proceedings bearing Na.Ka.No.2737/2019/E6 dated 26.02.2021 and to quash the same and consequently, direct the respondents 1 to 3 to appoint the post of Secretary for Puzhuthikarai Village Panchayat, Dharmapuri District 635 202 as per the provisions of Tamilnadu Panchayat Act 1994.
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W.P.No.8804 of 2021
For Petitioner : Mr.S.Arokia Maniraj For Respondents : Mr.R.U.Dinesh Rajkumar, AGP for R1 Mrs.Monika Krishnan for Mrs.U.Yamuna Devi, Spl.G.P for R2 & R3
O R D E R
This Writ Petition has been filed for quashment of the proceedings of the second respondent passed in Na.Ka.No.2737/2019/E6 dated 26.02.2021 and consequently, direct the respondents 1 to 3 to appoint the post of Secretary for Puzhuthikarai Village Panchayat, Dharmapuri District 635 202 as per the provisions of Tamilnadu Panchayat Act 1994.
W.P.No.8804 of 2021
following the provisions contained in the Panchayat Act and Rules, appointed the fourth respondent by adopting summary procedure on his own accord. Against which, the petitioner has filed the present petition.
5.The learned Additional Government Pleader appearing for the first respondent submitted that the main qualifications to be appointed for the post of Village Panchayat Secretary of the Puzhuthikarai Panchayat is that the applicant should belong to the Scheduled Caste Community, should have completed the age of 18 years, should not have crossed the age of 35 years and should also have completed 10th standard. He further submitted that the Selection Committee had selected one Adhimoolam based on the answers of the administrative questions and based on the long-term age factor of the said person who is aged 27 years at the time of interview. But the petitioner has reached the deadline age of 35 years which is deemed un-suitable for the long term employment to the post of Village Panchayat Secretary. He also
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W.P.No.8804 of 2021
submitted that the Block Development Officer of Dharmapuri District had selected the fourth respondent, after following the proper procedure.
connected Miscellaneous Petitions are also closed. No costs.
02.09.2024
vkr Index : Yes / No Internet : Yes / No To
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W.P.No.8804 of 2021
Puzhuthikarai Village Panchayat, Dharmapuri District 635 202.
VIVEK KUMAR SINGH, J.
vkr
Page 5 of 6
W.P.No.8804 of 2021
W.P.No.8804 of 2021 and W.M.P.Nos.9335 & 9339 of 2021
02.09.2024
Page 6 of 6
2 issues framed by the court
Whether the impugned appointment of a Village Panchayat Secretary violates Tamilnadu Panchayat Act 1994 provisions regarding qualifications and selection procedure.
Whether the petitioner is entitled to quash the selection of a candidate who is deemed suitable for long-term employment over a petitioner who has reached the age deadline.
1 provisions across 1 enactments
M.Rasu
...
Athimoolam
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
