Opportunity of showing cause as well as of hearing to be given to Village Panchayats who file their objections.

K.A.Swami. C.J.

These writ petitions are referred to a Division Bench by the learned single Judge by the common order dated 11. 1995, having regard to the question of law involved. The writ appeals are preferred against the order dated 11. 1995 passed in the writ miscellaneous petitions, refusing to grant interim order. Therefore, the writ appeals and writ petitions are heard together.

2. We may also state one more fact that when those writ petitions were posted along with the batch of other writ petitions wherein the constitutionality of certain provisions of the Tamil Nadu Panchayat Act,1994 (Act 21 of 1994) (hereinafter referred to ‘as the Act’) and the validity of certain provisions of the rules contained in the Tamil Nadu Panchayat Rules, 1995 (hereinafter referred to as ‘the Rules’), these writ petitions came to be separated by a special order in view of the fact that in these writ petitions, no provision of the act and the rules was challenged. Hence, these writ petitions and the writ appeals are separately heard and decided by this common judgment.

3. Petitioners 2 to 52 in W.P. No.13205 of 1995 and petitioners 2 to 7 in W.P. No. 132506 of 1995 are resident and taxpayers of Thiruvalangadu Panchayat Union, Tiruttani Taluk, Chengai M.G.R. District, whereas first petitioner in both the writ petitions is a self-constituted Grama Sabha of Kaverirajapuram Panchayat Union and Rajapalayam village respectively. As this Grama Sabha is not constituted under the Act has no legal character nor it is a body registered under the Societies Registration Act, no cognizance of the same can be taken. However, it does not affect the institution of the petitions, because there are individual rate payers-petitioners.

4. In these petitions, the petitioners have sought for quashing the Notification bearing No.7 dated 15. 1995 issued by the District Collector who is also the Inspector as defined under Sec.2( 16) of the Act forming two village Panchayats, viz., Kaverirajapuram village and Rajapalayam village under Sec.4(l) of the Act. The contention of the petitioners is that they had filed objections for the proposal made by the Inspector for forming the village Panchayats and those objections have not been considered, and without considering the objections, the impugned notification has been issued under Sec.4(l) of the Act, forming the village Panchayat in question. Therefore, aggrieved by the aforesaid Notification, they have also preferred appeals before the State Government under Sub-sec.(3) of Sec.4 of the Act. Without deciding those appeals, the Inspector, village Panchayats and the State Government are proceeding to hold the elections to the village panchayats in question. Hence, they have no option, but to approach this Court for appropriate relief.

5. Learned Additional Government Pleader submits that the Notification was issued on 15. 1995, the appeals were filed on 8. 1995 and within a week the writ petitions have been filed i.e., on 18. 1995. Therefore, it cannot be said that the State Government and the Inspector have proceeded to hold election, ignoring the appeals preferred by them. It is also contended by the petitioners that they have a right to be heard before issuing the Notification under Sec.4(1) of the Act, which contention is refuted by the learned Additional Government Pleader because, the objectors as contemplated under Sec.4(3) of the Act have no right to be heard. In view of this contention, though we would have disposed of these writ petitions with a direction that the appeals filed by them decided within a particular period, it has become necessary for us to dwell, upon the scope and ambit of Sub-secs.(l) to (3) of Sec.4 of the Act. Sub-secs.(1) to (3) of Sec.4 of the Act read as follows:

“Formation of panchayat villages-(l) The Inspector, (a) shall, by notification, classify and declare every local area comprising a revenue village or villages or any portion of a revenue village or contiguous portio