IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-6-2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.No.13600 of 2011 and M.P.No.1 of 2011 Punithavalli ... Petitioner Versus 1. The Inspector of Panchayats/ The District Collector Perambalur District Perambalur. 2. The Block Development Officer, (Panchayats) Alathur Panchayat Union Perambalur District. .... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the relief of issuance of writ of certiorari to call for the records pertaining to the orders of the first respondent in Na.Ka.A3/3193/09 dated 25.5.2011 and the consequent Gazette Notification dated 27.5.2011 and quash the same. For Petitioners : Mr.S.Kamadevan For Respondents : Ms.V.M.Velumani Special Govt. Pleader O R D E R The above writ petition is filed for issuance of a writ of certiorari to call for the records pertaining to the orders of the first respondent in Na.Ka.A3/3193/09 dated 25.5.2011 and the consequent Gazette Notification dated 27.5.2011 and quash the same. 2. The President of the Village Panchayat has filed this writ petition challenging the order passed in a proceeding initiated under Section 205 of the Tamilnadu Panchayat Act 1994 removing her from the post of President , Varagupadi Village Panchayat. Though several factual aspects of the case have been urged by the learned counsel appearing for the petitioner, this court is not inclined to entertain the writ petition at this stage in view of the Division Bench Judgment of this court in DISTRICT COLLECTOR CUM INSPECTOR OF https://hcservices.ecourts.gov.in/hcservices/ PANCHAYAT AND OTHERS VS. S.SENTHAMIZH SELVI AND ANOTHER (2009 (1) CTC 356). However, the petitioner is entitled to file an appeal to the Government along with an application for stay. The order of the Division Bench 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 the first respondent. The Writ Appeal is accordingly allowed. The impugned order of the learned Single Judge is set aside. No costs. Consequently M.P.No.1 of 2008 is closed." 3. Accordingly, the writ petition is disposed of with liberty to the petitioner to file an appeal to the Government along with an application for stay. On filing such an appeal and application for stay the authority is directed to dispose of the stay petition expeditiously, preferably within one week from the date of filing of the appeal and the stay petition. Consequently, the connected M.P. is closed. No costs. sd/- Asst.Registrar //True Copy// Sub Asst.Registrar krr https://hcservices.ecourts.gov.in/hcservices/ To 1. The Inspector of Panchayats/ The District Collector Perambalur District Perambalur. 2. The Block Development Officer, (Panchayats) Alathur Panchayat Union Perambalur District. + 1 cc to Mr.S.Kamadevan, Advocate S.R.No.33385 + 1 cc to The Government Pleader S.R.33638. W.P.No.13600 of 2011 ts(co) pmk.13.6.2011 https://hcservices.ecourts.gov.in/hcservices/