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2010 Supreme(Mad) 2737

T.S.SIVAGNANAM
Sugunapri – Appellant
Versus
The District Collector (Inspector of Panchayats) Cuddalore District & Another – Respondent


Advocates appeared:
For the Petitioner:V. Suthakar, Advocate.
For the Respondents: S. Ramasamy, Addl. AG. Assisted by R1 R2, Mr.V.Srikanth, AGP.

Judgment :-

1. By consent, the main writ petition itself is taken up for disposal.

2. Theprayer in the writ petition is for issuance of a writ of Certiorari to quash the notice issued by the second respondent dated 05.05.2008.

3. Thepetitioner is the elected President of Karunguzhi Panchayat in the election conducted during October 2006. The petitioner has challenged the notice dated 05.05.2008, which has been issued under Section 205(1)(a) of the Tamil Nadu Panchayat Act, 1994(herein after referred to "as the Act"), calling upon the petitioner to show cause as to why action should not be taken on the allegations contained therein.

4. The validity of the impugned notice is assailed on the ground that the second respondent does not have jurisdiction to issue the notice as he is not the Inspector of Panchayat and therefore, notice is liable to be setaside. It is further contended that the suo-moto power under Section 205(1)(a) of the Tamil Nadu Panchayat Act, has been invoked inspite of, a compliant given by the Vice-President. Further, it is contended that the impugned notice is only a proceedings of the second respondent and even assuming that the second respondent has been made











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