S.Pandian v. The District Collector cum Inspector of Panchayat, Thanjavur District, Thanjavur.2.The Tahsildar, Thanjavur
Case at a glance
Provisions considered
- Constitution of India art. 226
- Tamil Nadu Panchayats Act, 1994 s. 205(4)
- TamilNadu Panchayats Act, 1994 s. 205(4)
Key paragraphs
- Para 88. In view of the above submission made by the learned AdditionalGovernment Pleader, the petitioner's grievance has been suitably answered since the meeting has been postponed. The authority, it is stated, will follow the requirement of Section 205(4) of the TamilNadu Panchayats Act, 1994.
Judgment
1BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 08.08.2011 CORAMTHE HONOURABLE MR.JUSTICE R.SUDHAKARW.P.(MD)No.8858 of 2011andM.P(MD)Nos.1 and 2 of 2011S.Pandian... Petitioner Vs.
The District Collector cum Inspector of Panchayat, Thanjavur District, Thanjavur.
The Tahsildar, Thanjavur Taluk. ... RespondentsPetition filed under Article 226 of the Constitution of Indiapraying for the issuance of a writ of Certiorari in respect of the notice issued by the second respondent in Ref. Na.Ka.No.15322/2011/A7dated 02.08.2011 and quash the same as illegal, arbitrary. For Petitioner...Mr.V.K.VijayaragavanFor Respondents...Mr.TR.Janarthanam, Additional Govt. PleaderORDERThis writ petition has been filed by the petitioner for a writ of Certiorari in respect of the notice issued by the second respondent in Ref. Na.Ka.No.15322/2011/A7 dated 02.08.2011 and quash the same as illegal, arbitrary.2. Heard the learned Counsel for the petitioner andMr.TR.Janarthanam, learned Additional Government Pleader appearing for the respondents.
By consent, the writ petition itself is taken up for final disposal.
The writ petition has been filed challenging the notice issued by the second respondent calling for a meeting of the Panchayat to beheld on 09.08.2011. The petitioner - President of the Panchayatchallenges the notice stating that it is in violation of Section 205(4) of the Tamil Nadu Panchayats Act, 1994. The said provision reads as follows: "Section 205(4): A copy of the notice of the meeting shall be caused to be delivered to the president https://hcservices.ecourts.gov.in/hcservices/ 2and to all the members of the village panchayat by the Tahsildar at least seven days before the date of the meeting. "
Notice is dated 02.08.2011 and one of the Member was served on07.08.2011 and some are yet to be intimated. Therefore, the requirement of seven clear days after service of notice on the Members has not been complied with.
In view of the same, the learned Additional Government Pleaderwas called upon to verify as to whether the meeting which is scheduled to be held on 09.08.2011 has been conducted or postponed.
The learned Additional Government Pleader, on instructions, submits that the meeting has been adjourned to 17.08.2011.
In view of the above submission made by the learned AdditionalGovernment Pleader, the petitioner's grievance has been suitably answered since the meeting has been postponed. The authority, it is stated, will follow the requirement of Section 205(4) of the TamilNadu Panchayats Act, 1994.
Recording the submission of the learned Additional GovernmentPleader as above, the writ petition is closed as no order is required to be passed. Consequently, the connected Miscellaneous Petitionsare closed. No costs. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To:1.The District Collector cum Inspector of Panchayat, Thanjavur District, Thanjavur. 2. The Tahsildar, Thanjavur Taluk.W.P.(MD)No.8858 of 2011andM.P(MD)Nos.1 and 2 of 201108.08.2011rsbSMA/11.8.2011/3C/2P
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