1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:28.03.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN WP(MD)No.3619 of 2011 and MP(MD)No.1 of 2011 M.A.Vanitha, President, Muthuvayal Village Panchayat, Bogalur Panchayat Union, Muthuvayal Post - 623 527, Paramakudi Taluk, Ramanathapuram District. :Petitioner -Vs- 1.The District Collector/ Inspector of Panchayats, Ramanathapuram District, Collectorate, Ramanathapuram Post & District. 2.The Assistant Director of Panchayats, Ramanathapuram District, Collectorate, Ramanathapuram Post & District. 3.The Block Development Officer (Village Panchayats), Bogalur Panchayat Union, Bogalur Post, Ramanathapuram District. :Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records in pursuant to the impugned notice issued by the first respondent in proceedings Na.Ka.1113/2010/A3, dated 01.03.2011 and quash the same. For petitioner : M/s.M.Saravanakumar For respondents : Mr.K.Balasubramanian Additional Government Pleader ORDER The petitioner has challenged only the show-cause notice issued by the District Collector, Ramanathapuram, under Section 204(1) of Tamil Nadu Panchayat Act, 1994. 2.The only grievance of the petitioner is that there was a dispute between her and the Panchayat Assistant who was removed from the post for the misappropriation of the Panchayat funds and only against his complaint, the present show-cause notice is issued, which is not in accordance with law. 3.The petitioner is not able to pin-point any discrepancy in respect of the show-cause notice issued by the respondents either with regard to jurisdiction or authority to do so. In https://hcservices.ecourts.gov.in/hcservices/ 2 fact, this notice itself was issued because, during the earlier inspection, it was found that the register has not been produced by the petitioner and therefore, the present show cause notice has been issued. Therefore, there is no infirmity in the order, it is always open to her to give necessary reply and contest the matter on merits and in accordance with law. 4.Even though the notice dated 01.03.2011 was despatched to the Panchayat Union Office, Bogalur, on 12.03.2011, and the Block Development Officer (Village Panchayats), Bogalur, received it on 15.03.2011 and the President of Muthuvayal Panchayat, was served only on 18.03.2011 at 04.00 p.m. and the period expires on 25.03.2011. Being 26.03.2011 (saturday) and 27.03.2011 (sunday) are holidays, the petitioner requested that she may be permitted to give time for submitting her explanation. 5.In view of the above, the writ petition is disposed of with a direction that the petitioner shall submit her explanation within seven days from today and after the explanation is received, the authority shall consider the same and afford an opportunity of personal hearing to the petitioner and pass orders in accordance with law. Consequently, connected Miscellaneous Petition is closed. No costs. Sd/- Assistant Registrar (P&A) / TRUE COPY / Sub Assistant Registrar To: 1.The District Collector/Inspector of Panchayats, Ramanathapuram District, Collectorate, Ramanathapuram Post & District. 2.The Assistant Director of Panchayats, Ramanathapuram District, Collectorate, Ramanathapuram Post & District. 3.The Block Development Officer (Village Panchayats), Bogalur Panchayat Union, Bogalur Post, Ramanathapuram District. +1CC to The Special Government Pleader. SR.No.8477. SRM RP/01.04.2011/2P/5C. Order made in W.P.(MD)No.3619 of 2011 28.03.2011. https://hcservices.ecourts.gov.in/hcservices/