Back
S. S. SUNDAR, K. RAJASEKAR
P. Rangaraj – Appellant
Versus
Director/Commissioner of Rural Development, Chennai – Respondent
ORDER :
(S.S. Sundar, J.)
(Prayer in WP.No.27855/2022 : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of certiorari calling for the records of the 2nd respondent in connection with the proceedings passed by him in Na.Ka.No.2574/2021/A3 dated 26.09.2022 and quash the same as illegal.)
(Prayer in WP.No.27967/2022 : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of certiorari calling for the records pertaining to the impugned order dated 26.09.2022 passed by the 1st respondent in Na.Ka.No.2927/2021/A3 and quash the same.)
(Prayer in WP.No.27968/2022 : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of certiorari calling for the records pertaining to the proceedings of the 2nd respondent in Na.Ka.No.1389/2021/A3 dated 26.09.2022 and quash the same as illegal and ultra vires.)
(1) All the above writ petitions are filed challenging the proceedings of the District Collector who is the Inspector of Panchayats under the Tamil Nadu Panchayats Act, 1994 [hereinafter referred to as ''the Act''], withdrawing the cheque signing power of the petitioners by exercising the emergency
Emergency powers under Section 203 of the Tamil Nadu Panchayats Act cannot be exercised without issuing a show cause notice, as it violates principles of natural justice.
The District Collector cannot revoke the cheque signing power of elected Panchayat officials under Section 203 without extraordinary circumstances and must adhere to principles of natural justice.
The withdrawal of statutory powers must be in accordance with the statutory provisions and principles of natural justice.
The court clarified that any divestment of cheque signing power must adhere to procedural fairness and compliance with relevant statutory provisions.
The central legal point established in the judgment is the interpretation of 'absence' in Section 188(3) of the Tamil Nadu Panchayat Act and the recognition of the impugned order as an interim measur....
Removal of elected officials requires adherence to principles of natural justice, including providing reasons for decisions and allowing for rebuttal of charges, failing which the order is unsustaina....
Court may dismiss a writ petition as infructuous when the factual situation changes rendering the relief sought moot.
The District Collector must adhere to principles of natural justice, including providing an opportunity to be heard before cancelling resolutions passed by the Panchayat, as mandated by Section 202 o....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
