1. The Writ Petition has been filed in the nature of a Certiorarified Mandamus seeking records relating to the impugned order dated 29.01.2024 in Na.Ka.No.2039/2023 / A3 passed by the first respondent, District Collector, Coimbatore and quash the same.

2. During the pendency of the Writ Petition, respondent Nos. 6 to 10 had been impleaded by order dated 05.03.2024 in W.M.P.No. 4630 of 2024.

3. In the affidavit filed in support of the Writ Petition, it had been stated that the petitioner E.Maragathavadivu is the President of Selakkarichal Village Panchayat at Sulur Taluk in Coimbatore District. It had been stated that in the said Panchayat, the total number of ward numbers are 9. It had been stated that 5 ward members are prejudiced against the petitioner. Those 5 members had been impleaded as respondent Nos. 6 to 10. Various complaints had been given against the petitioner herein and W.P.No. 20236 of 2023 had already been filed seeking a direction against the District Collector, to remove the petitioner from the post of President on the basis of the representation dated 14.06.2023. The said Writ Petition was disposed of on 10.07.2023 holding that the representation should be considered on merits and in accordance with law. Thereafter, a meeting was conducted in the panchayat and it was found that five members were against the petitioner while only four supported the petitioner. In these circumstances, the impugned order came to be passed under S.204 of the Tamilnadu Panchayat Act 1994 wherein the administrative power and also the cheque signing powers of the petitioner were withdrawn. Subsequently, the administrative powers were restored but the cheque signing powers were not restored. Questioning the impugned order which was dated 29.01.2024, the present Writ Petition has been filed.

4. A counter affidavit had been filed on behalf of the first respondent / District Collector, wherein it had been stated that a representation had been forwarded by the Assistant Director of Rural Development (Panchayats) dated 19.01.2024 that owing to non co - operation among the petitioner and the ward members, the respondents had given a request to cancel the resolution passed. The first respondent had issued a communication on 06.01.2024 stating that there should be co - operation among all the members. He had also stated that necessary action will be taken under S.203 and S.204 of the Tamilnadu Panchayat Act 1994. Thereafter, a special council meeting of the members was held on 11.01.2024. Five members voted against the resolution. It was stated that therefore, the work of the Panchayat came to stand still. Thereafter, reference had also been made to W.P.No. 20236 of 2023. The first respondent stated that he had followed due process of law in dealing with the cancellation of the resolution and in other aspects.

5. Heard the learned counsel for the impleaded respondent Nos. 6 to 10 also and the learned counsel stated that the said respondents did not approve of the activities of the petitioner herein and had given a complaint and had also filed a writ petition seeking examination of their representation. It was stated that the impugned order had been passed after following due procedure and after conducting thorough examination by the first respondent.

6. However, a perusal of the impugned order would show that the same has been passed under S.204(1)(2) of the Tamilnadu Panchayat Act 1994. S.204 of the Tamilnadu Panchayat Act provides that an action can be taken if the Village Panchayat President had made default in performing any duty imposed under the Act. It had also been stated that if there is non co - operation of the members with the President, the Inspector of Panchayat may authorise the President to perform such duties and if it is found that there is again non - cooperation, the Chairman can perform the duties. But such restrictions could be only for a period of six months.

7. A plain reading of the S.204 would imply that any orde