1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.09.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.(MD)No.11170 of 2011 and M.P.(MD)No.1 of 2011 M.Ramaiya ... Petitioner Vs. 1. The Secretary to the Government, Rural Development, Fort St.George,Madras-9. 2. The District Collector, Tirunelveli District,Tirunelveli. 3. The Tahsildar, Sankarankovil Taluk, Tirunelveli District. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus directing the first respondent herein to pass order on stay application filed in appeal preferred by the petitioner dated 16.09.2011. For Petitioner ... Mr.M.Ajmal Khan for Mr.P.Subbaraj For Respondents ... Mr.M.Govindan 1 to 3 Special Government Pleader. ORDER This writ petition has been filed by the petitioner to issue a writ of Mandamus to direct the first respondent herein to pass order on stay application filed in appeal preferred by the petitioner dated 16.09.2011. 2. Heard Mr.M.Ajmal Khan, learned Counsel for the petitioner and Mr.M.Govindan, learned Special Government Pleader, who takes notice for the respondents. 3. By consent, the writ petition itself is taken up for final disposal. 4. The petitioner is the elected panchayat President and was removed on 05.08.2011 in terms of Section 205(11) of the Tamil Nadu Panchayat Act, 1994. The petitioner filed W.P.(MD)No.9909 of 2011 and the case has been disposed of by this Court on 06.09.2011 giving liberty to the petitioner to file an appeal to the first respondent. Accordingly, the petitioner filed an appeal on 19.09.2011 along with stay application. The authority ought to have considered the stay application. Instead of considering the stay petition, the authority simply adjourned the matter without adjudicating the matter. The appeal and interim application for stay has been kept pending causing prejudice. https://hcservices.ecourts.gov.in/hcservices/ 2 5. Aggrieved by the same and in view of the ensuing local body election the petitioner has come before this Court stating that individual liberty is being affected by non-considering the appeal or stay petition. 6. Since the appeal with stay petition has already been filed by the petitioner, it is incumbent on the authority to consider the stay petition on its own merits. However in this case, since the stay petition has not been taken up for disposal either way the plea of prejudice pleaded by the petitioner is justified. 7. Accordingly the first respondent is directed to dispose of the appeal or the stay petition within a period of four weeks from the date of receipt of a copy of this order. Till such time, the order under challenge passed in terms of Section 205(11) of the Act shall stand stayed. 8. The Writ Petition is disposed of as above. Consequently the connected Miscellaneous Petition is closed. No Costs. Sd/- Assistant Registrar(AS) /TRUE COPY/ Sub Assistant Registrar To: 1. The Secretary to the Government, Rural Development,Fort St.George,Madras-9. 2. The District Collector, Tirunelveli District,Tirunelveli. 3. The Tahsildar, Sankarankovil Taluk, Tirunelveli District. +1cc to Mr.P.Subbaraj, Advocate SR.No.6094 W.P.(MD)No.11170 of 2011 and M.P.(MD)No.1 of 2011 28.09.2011 ssl PA/28.09.2011/2P/5C(IT) https://hcservices.ecourts.gov.in/hcservices/