Advocates:
['M/S AJMAL ASSOCIATES', '', '', 'M Mahabbobb Athiff']

W.P.(MD)No.3387 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON : 24.02.2022

DELIVERED ON : 02.03.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

W.P.(MD)No.3387 of 2022

and

W.M.P.(MD)Nos.2970, 2971 and 3157 of 2022

S.Chandra Santhosam

... Petitioner

vs.

1.The Government of Tamil Nadu,

represented by its Secretary,

Rural Development and Panchayat

Raj Department, Chennai.

2.The District Collector,

Office of the District Collectorate,

Kadamalaikundi Mayiladumparai

Panchayat Union, Theni District.

3.The Commissioner,

Kadamalaikundu Mayiladumparai

Panchayat Union, Theni District.

4.The Sub Collector,

Periyakulam, Theni District.

... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of

India for issuance of Writ of Certiorari, to call for the records

relating to the impugned enquiry notice issued by the fourth

respondent in his proceedings in Na.Ka.No.898/2022/A2 dated

07.02.2022 and the consequential notice issued by the foruth

respondent in his proceedings in Na.Ka.No.898/2022/A2 dated

15.02.2022 and quash the same as illegal.

For Petitioner

:Mrs.H.Jasima Yasmin

for M/s.Ajmal Associates

For Respondents

:Mr.Veera Kathiravan

Additional Advocate General

assisted by Mr.M.Lingadurai

Special Government Pleader

Mr.D.Malaichamy for Impleading petition

(in WMP(MD).3157 of 2022)

*****

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https://hcservices.ecourts.gov.in/hcservices/

W.P.(MD)No.3387 of 2022

O R D E R

This Writ Petition has been filed challenging the impugned

notices issued by the fourth respondent, dated 07.02.2022 and

15.02.2022.

2.The issue involved in this Writ Petition is whether the

procedure contemplated for removal of a Chairman of a Panchayat

Union Council under Section 207 of the Tamil Nadu Panchayat Act,

1994 (hereinafter referred to as “the Act”), has been followed or

not.

3.Under the impugned notices, dated 07.02.2022 and 15.02.2022,

issued by the fourth respondent under Section 207(3) of the Act, the

petitioner, who is the Chairman of Kadamalaikundu-Mayiladumparai

Panchayat Union, Theni District, was called upon to appear for the

meeting of the Panchayat Council scheduled to be held on 25.02.2022

at about 11.00 am in respect of the representation given by ten (10)

Panchayat Union Councillors of Kadamalaikundu-Mayiladumparai

Panchayat Union, out of the total strength of 14 Councillors for

taking action against the petitioner and for her removal as Chairman

of Kadamalaikundu-Mayiladumparai Panchayat Union under Section 207

of the Act.

4.The petitioner was elected as the Chairman of

Kadamalaikundu-Mayiladumparai Panchayat Union. She belongs to

AIADMK political party. According to the petitioner, after the DMK

political party came into power, the Councillors belonging to DMK

party started troubling her. According to the petitioner, a motion

expressing want of confidence on the petitioner as Chairman of

Kadamalaikundu-Mayiladumparai Panchayat Union was held on

23.07.2021. Since there was no quorum, as required under Section

212(3) of the Act, the fourth respondent dropped further proceedings

against the petitioner by his order, dated 23.07.2021.

5.According to the petitioner, as per Section 212(4) of the

Act, if the motion is not carried out for want of quorum, no notice

of any subsequent motion shall be received until the expiry of one

year. As the Councillors did not succeed in their attempt to carry

out no confidence motion against the petitioner, they have again

preferred a complaint against the petitioner. On receiving the said

complaint, the fourth respondent issued the impugned notices, dated

07.02.2022 and 15.02.2022 for convening a meeting under Section 207

(3) of the Act, which according to the petitioner, is illegal as the

fourth respondent has not followed the procedure contemplated under

Section 207(1) and (2) of the Act.

6.It is the contenti