1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2011 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN Writ Petition (MD)No.3603 of 2011 Y.Sankara Easwari ..Petitioner Vs. The District Collector-cum-Inspector of Panchayats, Thoothukudi District, Thoothukudi. ..Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, calling for the records on the file of the respondent in connection with the impugned show cause notices issued by him in his proceedings in OoNi5/725/2011 and OoNi5/725/2011 dated 10.02.2011 and 12.03.2011 respectively and quash both as illegal and arbitrary. For Petitioner : Mr.G.Thalaimutharasu For Respondent : Mr.K.Balasubramanian, Additional Government Pleader ORDER Mr.K.Balasubramanian, learned Additional Government Pleader, takes notice on behalf of the respondent. By consent, the writ petition itself is taken up for final disposal at the admission stage. 2.The writ petition has been filed challenging the show cause notices issued to the petitioner as panchayat President. His only grievance is that earlier a writ petition in W.P.(MD)No.14069 of 2010 was filed by four persons making representations and sought for direction from this Court to consider the same to initiate action against the petitioner. In that writ petition, the petitioner was arrayed as fourth respondent. This Court while disposing of the writ petition, has categorically stated that any action is to be taken only after giving notice to the fourth respondent/the petitioner herein and after hearing them orders should be passed. Subsequent to the said order in the abovesaid writ petition, the petitioner was admittedly enquired by the Assistant Director of Town Panchayat and thereafter, not convinced with the explanation offered by the https://hcservices.ecourts.gov.in/hcservices/ 2 petitioner, the first show cause notice dated 10.02.2011 was issued and the same was served on her only on 17.02.2011 and 21 days time was given to offer her further explanation. But due to the election work, she was unable to immediately give reply and after expiry of 21 days time on 09.03.2011, the respondent issued another show cause notice dated 12.03.2011 calling upon her to give explanation within seven days. According to her, without following the principles of natural justice, the show cause notices have been issued to the petitioner. Hence, she has come forward with the present writ petition. 3.Heard the submissions made by the learned counsel on either side and perused the materials available on record. 4.When a specific question is posed to the learned counsel for the petitioner whether any enquiry was conducted pursuant to the order of this Court in the earlier writ petition and before issuing show cause notices for which it has been clearly submitted that enquiry has been conducted only by the higher officials namely the Assistant Director of Town Panchayat and not by the District Collector. It is very clear that the authorities have issued show cause notice dated 10.02.2011 and she was given sufficient time to offer her explanation in spite of the same, due to election work, she was unable to give her explanation. Pursuant to that, again the authorities took immediate action and sent second show cause notice. Since the petitioner contention is that the charge relating to grant of permission or no objection certificate in respect of town and country planning is not correct which does not stand to scrutiny at all as it is covered by the decision of this Court which would only say that the present panchayat need not get any consent from the town and country planning which charge is the main contention of the petitioner. Since it is only show cause notices, it is always open for the petitioner to give a detailed reply including all the defences of the matter covered by the decision of this Court. Since the writ petition is filed as against the show cause notices, suffice to direct that the petitioner will give a detailed reply for the notices and participate in the enquiry and it is not liable to be quashed at this point of time. 5.At this juncture, learned counsel for the petitioner would only point out that the second show cause notice dated 12.03.2011 was served on her only on 17.03.2011 and the period expired on 25.03.2011 and 26.03.2011 and 27.03.2011 are being holidays, she needs further time for submitting her reply. Therefore, the petitioner is directed to offer her reply within a period of one week from the date of receipt of a copy of this order and the respondent is directed to https://hcservices.ecourts.gov.in/hcservices/ 3 consider her reply and give sufficient opportunity before passing final orders. 6.With the above direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (C.O.) /True Copy/ Sub Assistant Registrar To The District Collector-cum-Inspector of Panchayats, Thoothukudi District, Thoothukudi. +1cc to Mr.G.Thalaimutharasu, Advocate SR.No.8193 +1cc to The Special Government Pleader, Sr.No.8479 sms akm/11.04.11 /2p-4c/ Writ Petition (MD)No.3603 of 2011 28.03.2011 https://hcservices.ecourts.gov.in/hcservices/