1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.08.2011 CORAM: THE HONOURABLE Mr.JUSTICE P.JYOTHIMANI and THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH W.A.(MD)No.556 of 2011 S.Geetha ...Appellant Vs. 1.The District Collector cum Inspector of Panchayats, Panagal Buildings, Thanjavur, Thanjavur District. 2.The Block Development Officer (V.Pts.), Thiruvidaimaruthur, Thanjavur District. 3.The Government of Tamil Nadu, Rep.by its Principal Secretary, Rural Development and Panchayat Raj Department, Chennai-9. ...Respondents Prayer: The Writ Appeal is filed under Clause 15 of Letters Patent, against the order of this Court in W.P.No.11828 of 2010 dated 17.03.2011. Writ Petition filed under Article 226 of the constitution of India to issue a Writ fo Certiorari mandamus calling for the records relating to the impugned proceedings bearing Na.Ka.No.6556/2009/M3, dated 02.09.2010 of the 1st respondent and consequental notification published in Tamil Nadu Government Gazatte Extraordinary No.270 dated 06.09.2010 and quash the same. For Appellant : Mrs.N.Krishnaveni For Respondents : Mr.K.Mahendran, Spl.G.P. JUDGMENT (Judgment of the Court was delivered by P.JYOTHIMANI,J.) The petitioner being the President of the Panchayat came to be removed after following the procedure under Section 205 of the Tamil Nadu Panchayats Act (herein after called the Act), by the impugned order of the Inspector of Panchayats dated 02.09.2010 by invoking the powers under Section 205 of the Act. 2.Challenging the said order of removal, the petitioner has filed the Writ petition in W.P.No.11828 of 2010, which came to be dismissed by the learned Single Judge on 17.03.2011 on the ground that a remedy to file an appeal under Section 205(11) of the Act to the Government is available to the petitioner. Against which, the present appeal is filed on the ground that Section 205(11) is not an effective alternative remedy by filing an appeal to the Government, but, it is only a suo motu power on the part of the Government to consider cancelling of any notification of removal of any Panchayat President under Section 205(11) of the Act. 3.It is true that in Maria Selvam Vs. Government of Tamil Nadu, Rep. by the Secretary, Department of Local Administration and Rural Development and another reported in 2006 (3) MLJ 537 decided by one of us https://hcservices.ecourts.gov.in/hcservices/ 2 (P.JYOTHIMANI,J.), it was held that the power of the Government under Section 205(11) is a suo motu power and cannot be equated to an appellate power so as to make it as an effective alternative remedy and that has also been quoted by one of us (M.M.SUNDRESH,J.) in another judgment in C.Subramanian Vs. Government of Tamil Nadu, Rep. by the District Collector, Tirunelveli District and others reported in 2010 (5) LW 601. However, it is brought to the notice of this Court that in yet another Division Bench judgment of this Court in the District Collector cum Inspector of Panchayats, Villupuram and others Vs. S.Senthamil Selvi and another reported in 2009 (1) CTC 356, under the similar factual matrix, the Division Bench has held that when a remedy is available under Section 205(11) of the Act by way of the powers conferred to the Government, without exhausting such remedy, a Writ petition under Article 226 cannot be maintained. The Division Bench has held 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." 4.In view of the specific finding given by the Division Bench, we see no reason to interfere with the order of the learned Single Judge. Accordingly, the Writ Appeal stands dismissed with liberty to the appellant to make necessary application to the Government under Section 205(11) of the Act. It is made clear that if the appellant approaches the Government by way of filing necessary application under the said provision within a period of 2 weeks from the date of receipt of a copy of this order, the Government shall decide the same on merits and in accordance with law and pass appropriate orders within 4 weeks thereafter. No costs. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.The District Collector cum Inspector of Panchayats, Panagal Buildings, Thanjavur, Thanjavur District. 2.The Block Development Officer (V.Pts.), Thiruvidaimaruthur, Thanjavur District. 3.The Principal Secretary, The Government of Tamil Nadu, Rural Development and Panchayat Raj Department, Chennai-9. +1cc to Mrs.N.Krishnaveni, Advocate, SR.No.27130 +1cc to The Special Government Pleader, SR.No.27289 GH : 12.08.2011 : 2p/6c W.A.(MD)No.556 of 2011 10.08.2011 https://hcservices.ecourts.gov.in/hcservices/