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

W.A(MD)No.251 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 17.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

AND

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

W.A(MD)No.251 of 2022

and

C.M.P.(MD)No.2322 of 2022

S.Chandra Santhosam

... Appellant / Petitioner

-Vs-

1.The Government of Tamil Nadu,

Rep. by its Secretary,

Rural Development and Panchayat Raj Department,

Chennai.

2.The District Collector,

Office of the District Collectorate,

Theni District.

3.The Commissioner,

Kadamalaikundu Mayiladumparai Panchayat Union,

Theni District.

4.The Sub Collector,

Periyakulam, Theni District.

... Respondents / Respondents

PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent,

praying this Court to set aside the order dated 02.03.2022 made in

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

Prayer in WP(MD). 3387/ 2022 :

Writ Petition is filed under Article 226 of the

Constitution of India, praying this Court To issue a Writ of

Certiorari calling for the records relating to the impugned enquiry

notice issued by the 4th Respondent in his proceedings in

Na.Ka.No.898/2022/A2 dated 07.02.2022 and the consequential notice

issued by the 4th Respondent in his porceedings in

Na.Ka.No.898/2022/A2 dated 15.02.2022 and quash the same as illegal

and pass such further or other orders as this Honble Court may deem

fit and proper in the circumstances of the case and thus render

justice.

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W.A(MD)No.251 of 2022

For Appellant

: Mr.Ajmal Khan,

Senior Counsel

for M/s.Ajmal Associates

For Respondents

: Mr.Veerakathiravan,

Additional Advocate General,

assisted by Mr.S.R.A.Ramachandran,

Additional Government Pleader.

JUDGMENT

R.SUBRAMANIAN, J.

AND

N.SATHISH KUMAR , J.

The petitioner, aggrieved by the proceedings taken under

Section 207 of the Tamil Nadu Panchayats Act, 1994 (hereinafter

referred to as 'the Act') for her removal as Chairman, had filed the

Writ Petition.

2.The petitioner is the Chairman of Kadamalaikundu -

Mayiladumparai Panchayat Union. Some of the members of the

Panchayat, have presented a representation to the Government,

seeking removal of the Chairman under Section 207 of the Act.

3.It should be pointed out at this juncture that earlier

attempt made by the councillors under Section 212 of the Act failed,

since there was no quorum for the meeting. The Government upon

receipt of the representation, directed the 4^th respondent to take

appropriate action against the Chairman of the Panchayat. Pursuant

to the same, the Assistant Director of Panchayat issued a show cause

notice to the petitioner, which has been refused to be received by

the petitioner. Thereafter, the 4^th respondent / Sub Collector

called for a metting. It is this notice issued by the Sub Collector

/ 4^th respondent, calling for a meeting that was under challenge

before the Writ Court.

4.The main contention before the Writ Court was that the show

cause notice, which was issued by the Assistant Director of

Panchayat, is not valid and it is for the Government to have issued

such a notice. Reliance was placed on Section 207 (1) of the Act,

which reads as follows:-

“...the Government shall, by notice in writing,

require the Chairman to offer within a specified date, his

explanation with respect to his acts of omission or

commission mentioned in the notice.

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W.A(MD)No.251 of 2022

If the explanation is received within the specified

date and the Government consider that the explanation is

satisfactory, the Government may drop further action with

respect to the notice...”

5.The learned Single Judge, however, dismissed the Writ

Petition on the conclusion that the petitioner has been given a fair

opportunity and the fact that the petitioner had refused to receive

the