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2013 Supreme(Mad) 3679

A.SELVAM, V.S.RAVI
M. Visvasam – Appellant
Versus
Block Development Officer(village Panchayat) Mela Neelithanallur, Sankarankoil Taluk – Respondent


Advocates Appeared:
Mr.S.Ramesh & Ramiah, Mr.D.Sasikumar, Mr.S.Palanivelayutham.

Judgment –

A.Selvam, J.

This Writ Appeal has been directed against the order dated 21.1.2009 passed in WP(MD) No.275 of 2009.

2. The respondents 2 and 3 herein are the members of Sernthamangalam Kaspa Panchayat. Since they failed to attend three consecutive meetings of the council, the panchayat President has removed them and the same has been challenged before the Block Development Officer who has been arrayed as first respondent and he set aside the order of removal passed by the Panchayat President and the order passed by the Block Development Officer has been challenged in WP(MD) No.275 of 2009.

3. The learned Single Judge has allowed the Writ Petition and thereby set aside the order passed by the first respondent viz., the Block Development Officer and further observed that as per Tamil Nadu Panchayats (7th Amendment) Act 2008, Government alone is having jurisdiction to take action in accordance with the concerned provision. Against the order passed by the learned single judge, the present Writ Appeal has been filed.

4. The only question that comes up for consideration in the present Writ Appeal is as to whether the power of removal of members vest with the President or the Govern












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