IN THE HIGH COURT OF JUDICATURE AT MADRAS
Date:16.3.2011
CORAM
THE HONOURABLE MR. JUSTICE R.SUDHAKAR
Writ Petition No.6156 of 2011
and
M.P.No.1 of 2011
A.M.Dharman. ... Petitioner
vs.
1.The District Collector/
Inspector of Panchayats,
Tiruvallur District,
Tiruvallur-602 001.
2.The Assistant Director
(Panchayat),
Tiruvallur District,
Tiruvallur-602 001.
3.The Commissioner/
Block Development Officer,
Minjur Panchayat Union,
Minjur-601 203,
Tiruvallur District. ... Respondents
Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records of the first respondent in his proceedings, Na.Ka.No.2103/2009/A3 dated 25.2.2011, consequently published in Tamil Nadu Government Gazette, dated 1.3.2011 that accompanied along with the proceedings Na.Ka.No.2103/2009/A3/A.D(P) dated 1.3.2011 and quash the same as arbitrary, unjustifiable , illegal ultra vires and colourable exercise of power.
For Petitioner : Mr.R.Munuswamy
For Respondents : Mr.S.Shivashanmugam,
Government Advocate.
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O R D E R
Writ Petition is filed praying to issue a Writ of Certiorari, calling for the records of the first respondent in his proceedings, Na.Ka.No.2103/2009/A3 dated 25.2.2011, consequently published in Tamil Nadu Government Gazette, dated 1.3.2011 that accompanied along with the proceedings Na.Ka.No.2103/2009/A3/A.D(P) dated 1.3.2011 and quash the same as arbitrary, unjustifiable, illegal ultra vires and colourable exercise of power.
2. Mr.S.Shivashanmugam, learned Government Advocate, takes notice on behalf of the respondents. By consent of both parties, the writ petition is taken up for disposal.
3. Challenging the order of the District Collector/Inspector of Panchayat and the consequent notification removing the petitioner from the post of President of the Village Panchayat, the petitioner has preferred an appeal on 5.3.2011 to the Principal Secretary, Rural Development and Panchayat Raj, Secretariat, Chennai-9. On the same breadth, the petitioner has filed this writ petition challenging the very same order stating that there is a violation of principles of natural justice. Petitioner fairly states that a stay petition has also been filed along with the appeal. So far no orders have been passed and therefore, great prejudice is caused to the petitioner.
4. Mr.S.Shivashanmugam, learned Government Advocate appearing for the respondents states that the petitioner has chosen to challenge the very same proceedings before the two forums which could not be and therefore, the writ petition should be dismissed as the appeal is an effective alternate remedy.
5. Considering the nature of allegation made, the explanation given by the petitioner and taking note of the fact that an appeal has been filed on 5.3.2011, the Principal Secretary, Rural Development and Panchayat Raj, Secretariat, Chennai-9 is directed to take up the appeal on 22.3.2011 for hearing, if otherwise in order. The Appellate Authority shall also consider the interim relief sought for by the petitioner for stay of the impugned order removing the petitioner from the post of President of the Village Panchayat. The Appellate Authority is directed to dispose of the matter either at interlocutory stage or the main appeal itself at his discretion.
6. The Writ Petition is disposed of as above. No costs. Consequently, connected miscellaneous petition is closed.
ts
To
1.The District Collector/
Inspector of Panchayats,
Tiruvallur District,
Tiruvallur-602 001.
2.The Assistant Director
(Panchayat),
Tiruvallur District,
Tiruvallur-602 001.
3.The Commissioner/
Block Development Officer,
Minjur Panchayat Union,
Minjur-601 203,
Tiruvallur District.
4.The Principal Secretary to Government,
Rural Development and Panchayat Raj Department,
Secretariat,
Chennai 600 009