1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.09.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.(MD)No.10276 and 10277 of 2011 and M.P.(MD) Nos.1, 1, 2 and 2 of 2011 S.Chandra ... Petitioner in W.P.No.10276 of 2011 S.Pechimuthu ... Petitioner in W.P.No.10277 of 2011 Vs. 1. The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Rural Development and Panchayat Raj Department, Fort St. George, Chennai – 600 009. 2. The District Collector-cum-Inspector of Panchayats, Thoothukudi District, Thoothukudi. ... Respondents in both W.P's COMMON PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records on the file of the second respondent in connection with the impugned order of removing the petitioner from the post of President vide his proceedings issued in OONI 5/9195/2009 and OONi.5/1448/2009 dated 05.07.2011 and consequential impugned notification issued in Tamil Nadu Government Gazette No.VI(2)/393(a-2)/2011 and VI(2)/393(2-3)/2011 dated 08.07.2011 and quash the both as illegal and arbitrary and consequently direct the respondents to allow the petitioner to complete her tenure. For Petitioners ... Mr.Prabhakaran for M/s.G.Thalaimutharasu For Respondents ... Mr.TR.Janarthanam Additional Government Pleader COMMON ORDER These Writ Petitions have been filed by the petitioners to issue a Writ of Certiorarified Mandamus to call for the records on the file of the second respondent in connection with the impugned order of removing the petitioner from the post of President vide his proceedings issued in OONI 5/9195/2009 dated 05.07.2011 and consequential impugned notification issued in Tamil Nadu Government https://hcservices.ecourts.gov.in/hcservices/ 2 Gazette No.VI(2)/393(a-2)/2011 dated 08.07.2011 and quash the both as illegal and arbitrary and consequently direct the respondents to allow the petitioner to complete her tenure. 2. Heard Mr.Prabhakaran, learned Counsel for the petitioner and Mr.TR.Janarthanam, learned Additional Government Pleader for the respondents. 3. The Writ Petitions have been filed by the respective Panchayat Presidents challenging the orders removing them from the post of President by the proceedings of the Inspector of Panchayats – cum – District Collector in terms of Section 205(12) of the Tamil Nadu Panchayats Act. The said orders were earlier challenged in W.P(MD) No.8563 of 2011 in the respect of Chandra, who is the Writ petitioner in the present W.P.(MD)No.10276 of 2011, and in W.P(MD)No.8564 of 2011 by S.Pechimuthu, who is the Writ petitioner in the present W.P. (MD)No.10277 of 2011. An order was passed by this Court on 23.08.2011, in the earlier two writ petitions directing the Government to dispose of the appeal on or before 07.09.2011 and to consider stay or suspension. In spite of passing such an order the Government has not taken up the appeal or the stay/suspension application. The matter is adjourned from time to time. 4. In view of the specific direction passed and since appeals have already been filed, the Writ Petitions are disposed of directing the Government to hear the appeal immediately. Since the Government has not taken a decision on the interlocutory order on merits denying the elected representative his rights, pending disposal of the appeal, the order of removal shall stand suspended. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1. The Principal Secretary to Government, State of Tamil Nadu, Rural Development and Panchayat Raj Department, Fort St. George, Chennai – 600 009. 2. The District Collector-cum-Inspector of Panchayats, Thoothukudi District, Thoothukudi. +2 CCs to Mr.G.Thalaimutharasu, Advocate (SR.Nos.31648 & 31649) W.P.(MD)Nos.10276 and 10277 of 2011 15.09.2011 ps NSV/29.9.11/2P/5C https://hcservices.ecourts.gov.in/hcservices/