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2025 Supreme(Online)(Mad) 71756

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice R. SURESH KUMAR
K. SARASWATHI – Appellant
Versus
THE INSPECTOR OF PANCHAYATS /DISTRICT COLLECTOR – Respondent
W.A.No.2572 of 2024 | W.P.No.18836 of 2024 | W.P.No.13568 of 2024 | W.P.No.14054 of 2024

Advocates:
For the Appellants/Petitioners: L.P. Shanmugasundaram
For the Respondents: R. Ramanlal, P. Balathandayutham

A show cause notice under Section 205(1)(a) of the Tamil Nadu Panchayats Act, 1994 must be issued by the Inspector of Panchayats (Collector). Notice issued by Assistant Director without authorization is without jurisdiction and liable to be quashed.

Headnote:(A) Tamil Nadu Panchayats Act, 1994 - Sections 205(1)(a), 203, 2(16) - Show cause notice - Jurisdiction - Power under Section 205(1)(a) can be exercised only by Inspector of Panchayats, defined as officer not below rank of Collector - Notice issued by Assistant Director of Panchayats is without jurisdiction - Unless authorized by notification, Assistant Director cannot usurp power of Collector - Principle that if statute provides for thing to be done in particular manner, it must be done in that manner only. (Paras 12-16)

(B) Show cause notice - Quashing - Grounds - High Court can quash show cause notice if authority lacks jurisdiction or if notice is wholly illegal. (Para 12)

(C) Interpretation of statutes - Power conferred on designated authority cannot be delegated or assumed by subordinate officer without express provision. (Paras 15-16)

Facts of the case:
The appellant, elected as President of a village panchayat, was served with a show cause notice dated 24.05.2024 by the 2nd respondent (Assistant Director of Panchayats) invoking Section 205(1)(a) of the Tamil Nadu Panchayats Act, 1994. The appellant had earlier challenged a previous notice and obtained an order directing fresh opportunity. The present notice was challenged in a writ petition, which was dismissed by the learned Single Judge. The appellant appealed.

Findings of Court:
The court held that the show cause notice was issued by the Assistant Director of Panchayats, who is not the Inspector of Panchayats as defined under Section 2(16) of the Act. No notification was produced to show that the Assistant Director was empowered to exercise the powers of the Inspector. Since the power under Section 205(1)(a) is vested solely in the Inspector (Collector or officer of equivalent rank), the notice was without jurisdiction and therefore liable to be quashed. The court also rejected the respondents' submission that the notice was effectively signed by the District Collector.

Issues: Whether a show cause notice issued under Section 205(1)(a) by an officer other than the Inspector of Panchayats is valid.

Ratio Decidendi: The statutory power under Section 205(1)(a) must be exercised only by the Inspector of Panchayats as defined under Section 2(16). Any exercise of such power by a subordinate officer, in the absence of an enabling notification, is ultra vires and void. The principle that when a statute prescribes a particular manner of doing a thing, it must be done in that manner alone applies.

Result: Writ Appeal allowed. Order dated 16.08.2024 in W.P.No.18836 of 2024 set aside. Show cause notice issued by the 2nd respondent quashed. Directions given to transmit papers to the 1st respondent (District Collector) to issue fresh notice if desired, strictly in compliance with Section 205(1)(a) and after furnishing records to the petitioner.

JUDGMENT

(Judgment of the Court was made by V.LAKSHMINARAYANAN, J.)

The writ petitioner is the appellant. She presented a writ petition to quash the notice issued by the 2nd respondent in Na.Ka.No.A2/586/2024, dated 24.05.2024.

2.The petitioner was elected as the President of Novlock Village Panchayat, Walaja Taluk, Ranipet District. She assumed the post on 12.10.2021. She pleaded that she has been working diligently and protecting the interest of the villagers and has been taking steps to augment the income of the village panchayat. The petitioner was served with a show cause notice on 08.03.2024 by the 1st respondent invoking Section 205 of the Tamil Nadu Panchayats Act, 1994, setting forth certain allegations against her. She pleads that this is on account of some disgruntled opposition party members, who have been indulging in continuous mudslinging, against her. Nonetheless, she gave a response on 20.03.2024 to the show cause notice.

3.The 1^st respondent did not accept the explanation of the petitioner and directed the Tahsildar to convene a meeting. The Tahsildar issued proceedings on 02.05.2024, stating the meeting to be held on 17.05.2024. The petitioner filed a writ petition challenging the same in W.P.No.13568 of 2024. The said writ petition was allowed holding that the 1st respondent had not taken notice of the explanation given by the writ petitioner. This Court, following the judgment of the Division Bench in State of Tamil Nadu Vs. S.Ramasamy , (2011) 5 CTC 197 (DB), directed the 1st respondent to afford a fresh opportunity to the petitioner therein in respect of the show cause notice and to issue fresh proceedings in accordance with law.

4.After the order of this Court dated 16.05.2024, the petitioner gave a reply on 22.05.2024. In the mean time, the District Collector, passed an order invoking Section 203 of the Tamil Nadu Panchayats Act, 1994, taking away the cheque signing power of the President and Vice President.

5.The petitioner, yet again approached this Court by way of a writ petition in W.P.No.14054 of 2024. This Court entertained the writ petition and granted an interim order on 24.05.2024. On the very same day, the order impugned in the writ petition came to be passed.

6.This is an order passed by the 2nd respondent calling upon the petitioner to give her explanation to the charges set forth in the notice. It also pointed out that, in default of a reply, further proceedings will be initiated in terms of Section 205(1)(a) of the Tamil Nadu Panchayats Act, 1994. The writ petition challenged the said notice by way of the present writ petition.

7.The petitioner pleaded that the order of this Court in W.P.No.13568 of 2024, dated 16.05.2024 had not been followed and that the documents on the basis of which the notice was issued were not served on the petitioner. This Court entertained the writ petition and directed the respondents to file a counter.

8.The respondents filed a counter stating that the 2nd respondent had inspected the Panchayat and found certain discrepancies. The counter stated even before the order of this Court dated 16.05.2024, the 1st respondent had appointed a three member committee headed by the Block Development Officer of the concerned Block to verify the records submitted by the petitioner and to submit a report by 10.05.2024. As the order of this Court dated 16.05.2024 had to be complied with, the committee gave another opportunity to the petitioner on 24.05.2024. He pleaded that the requirement of natural justice was complied with and the petitioner was indulging in multiple litigations to prolong the issue instead of submitting a reply to the show cause notice, which was impugned in the present writ petition.

9.When the pleadings having been completed, the learned Single Judge took up the writ petition for disposal. By an order dated 16.08.2024, he came to the conclusion that, the petitioner had not availed the opportunity to inspect the documents and since a meeting had been convened by th

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2025 Supreme(Online)(Mad) 71756

IN THE HIGH COURT OF JUDICATURE AT MADRASHonourable Mr Justice R. SURESH KUMARK. SARASWATHI – AppellantVersusTHE INSPECTOR OF PANCHAYATS /DISTRICT COLLECTOR – RespondentW.A.No.2572 of 2024 | W.P.No.18836 of 2024 | W.P.No.13568 of 2024 | W.P.No.14054 of 2024

A show cause notice under Section 205(1)(a) of the Tamil Nadu Panchayats Act, 1994 must be issued by the Inspector of Panchayats (Collector). Notice issued by Assistant Director without authorization is without jurisdiction and liable to be quashed.

Cases Referred (2)

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice R. SURESH KUMAR
K. SARASWATHI – Appellant
Versus
THE INSPECTOR OF PANCHAYATS /DISTRICT COLLECTOR – Respondent
W.A.No.2572 of 2024 | W.P.No.18836 of 2024 | W.P.No.13568 of 2024 | W.P.No.14054 of 2024