IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 21.06.2011 CORAM THE HONOURABLE MR. JUSTICE R. SUDHAKAR W.P.Nos. 14281 & 14282 OF 2011 S. Lakshmi Subramaniam .. Petitioner (In WP No.14281/2011) P. Thangavel .. Petitioner (In WP No.14282/2011) -vs- 1. The Government of Tamil Nadu, rep. By the Secretary, Rural Development Department, Fort St. George, Chennai.9. 2. The District Collector/ Inspector of Panchayats, Thiruppur District, Thiruppur. 3. The Block Development Officer, Tiruppur Panchayat Union, Tiruppur. .. Respondents (In both W.Ps.) Prayer: Petitions filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order of the 2nd respondent herein in Na.Ka.No.1521/2010/A2, dated 4.5.2011 and published in the Tiruppur District Gazette dated 6.5.2011 and quash the same and reinstate the petitioner in both the writ petitions as Panchayat President, Pattampalayam Panchayat, Tiruppur with all attendant benefits. For Petitioner/s : Mr.T.N. Sugesh For Respondents: : Ms. V.M. Velumani Spl. Govt. Pleader https://hcservices.ecourts.gov.in/hcservices/ COMMON ORDER These writ petitions have been filed to call for the records relating to the impugned order of the 2nd respondent herein in Na.Ka.No.1521/2010/A2, dated 4.5.2011 and published in the Tiruppur District Gazette dated 6.5.2011 and quash the same and reinstate the petitioner in both the writ petitions as Panchayat President, Pattampalayam Panchayat, Tiruppur with all attendant benefits. 2. These petitions have been filed by the elected president and vice president, who have removed by the order of the second respondent/ District Collector. 3. Mr.V.M.Velumani, learned Special Government Pleader, takes notice on behalf of the respondents. By consent of both the parties, these writ petitions are taken up for final disposal. 4. In view of the First Bench Decision of this Court in the District Collector -cum- Inspector of Panchayat – vs. - S.Senthamizh Selvi (DB) reported in 2009(1) CTC 356 and the direction issued in para 6, the petitioner in both the writ petitions is at liberty to exhaust the remedy available under Section 205(12) of the Tamil Nadu Panchayat Act. Para 6 of the decision reads as follows:- "6. However, against the order which has been passed by the Inspector, the person aggrieved has the right to approach the Government under Section 205(12) of the said Act. The said provision is extracted hereinbelow:- "(12) The Government shall have power to cancel any notification issued under sub- section (11) and may, pending a decision on such cancellation, postpone the date specified in such notification." The said provision has not been exhausted before filing the Writ Petition. We, therefore, give liberty to the writ petitioner, the first respondent herein, to exhaust the said remedy, if she is so advised, within a fortnight from today. If the first respondent approaches the Government within the period stipulated above, the Government may pass appropriate orders within a period of six weeks from the date of working of the said remedy. We do not make any observation on the merits of the case of https://hcservices.ecourts.gov.in/hcservices/ the first respondent. The Writ Appeal is accordingly allowed. The impugned order of the learned Single Judge is set aside. No costs. Consequent,ly M.P.No.1 of 2008 is closed." 5. In view of the above decision, the petitioner in both the cases is at liberty to make an appeal to the appropriate authority/the Government in terms of Section 205(12) of the Tamil Nadu Panchayat Act together with application for stay, if they so desires. On receipt of the appeal and stay petition, if any filed, along with a copy of this order, the Government shall consider and dispose of the same expeditiously preferably within a period of one week thereafter. It is made clear that this Court has not expressed its views on merits of the petitioner's claim. 6. These Writ Petitions are disposed of as above. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. To 1. The Secretary to Government of Tamilnadu, Rural Development Department, Fort St. George, Chennai.9. 2. The District Collector/ Inspector of Panchayats, Thiruppur District, Thiruppur. 3. The Block Development Officer, Tiruppur Panchayat Union, Tiruppur. 2 ccs to Mr.T.N. Sugesh, Advocate, Sr. 35596, 35597 2 ccs to Government Pleader, Sr. 35982, 35983 WP No. 14281 & 14282/2011 GR (CO) kk 8/7 https://hcservices.ecourts.gov.in/hcservices/