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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.KARTHIKEYAN
K. Krishnasamy – Appellant
Versus
Secretary to the Government, Rural Development and Panchayat Raj Department – Respondent
| Table of Content |
|---|
| 1. court's dismissal of writ petition. (Para 1 , 16 , 17) |
| 2. writ petition seeks to quash the district collector's order. (Para 2 , 3 , 4) |
| 3. importance of section 202 for fair hearing. (Para 5 , 7) |
| 4. district collector's obligation as custodian of public funds. (Para 6 , 10 , 11 , 12 , 13) |
| 5. emergency powers under section 203. (Para 8 , 9 , 14 , 15) |
ORDER :
C.V. KARTHIKEYAN, J.
The learned counsel for the petitioner started his arguments stating that this Court had not granting opportunity. Therefore, further opportunity had been granted to him for nearly 15 minutes to present his case both in English and Tamil. He had appeared through Video Conferencing and at the conclusion, the Court also satisfied itself that sufficient opportunity had given to the learned counsel.
2.The writ petition has been filed in the nature of a Certiorari seeking records of the 2nd respondent-the District Collector, Cuddalore in Na.Ka.No.A5/965/2013 dated 02.09.2024 and to quash the same.
3.In the affidavit filed in support of the writ petition, the writ petitioner K.Krishnasamy, who claims to be the Union Councillor for Ward No.26 in Cuddalore Block and Cuddalore District stated that he had be
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....
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.
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....
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 Collector cannot delegate authority regarding no confidence motions; decisions must be made independently, reflecting immediacy and adherence to statutory mandates.
The Collector has sole jurisdiction to assess no confidence motions without delegating authority to others and must act within statutory timelines to validate signatures.
The duty of the Collector to conduct a proper inquiry and decide on disqualification within a specified time frame, following the principles of natural justice and fair play.
The judgment established the principle that the removal of an elected representative under Section 205 of the Tamil Nadu Panchayats Act, 1994, must adhere to the quasi-judicial nature of the power an....
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