1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.09.2011 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.(MD)Nos.11309 and 11310 of 2011 and M.P(MD)Nos.1 and 2 of 2011 (in both the petitions) W.P.(MD)No.11309 of 2011: Kannadasan ... Petitioner Vs. 1.The Principal Secretary to Government, Rural Development and Panchayat Raj Department, Secretariat, Chennai - 600 009. 2.The District Collector cum Inspector of Panchayats, Collectorate, Pudukkottai, Pudukkottai District. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorari to call for the records relating to the order of the second respondent in his proceedings in Na.Ka.3146/2008/A3(Ooraa.) dated 27.06.2011 and the consequent notification in Tamil Nadu Government Gazette No.188 dated 28.06.2011 and quash the same as arbitrary and illegal. For Petitioner ... Mr.R.Jegadeeshwaran For Respondents ... Mr.M.Govindan, Special Govt. Pleader W.P.(MD)No.11310 of 2011: Sadasivam ... Petitioner Vs. 1.The Principal Secretary to Government, Rural Development and Panchayat Raj Department, Secretariat, Chennai - 600 009. 2.The District Collector cum Inspector of Panchayats, Collectorate, Pudukkottai, Pudukkottai District. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorari to call for the records relating to the order of the second respondent in his proceedings in Na.Ka.5662/07/A3(Ooraa.) dated 19.08.2011 and the consequent notification in Tamil Nadu Government Gazette No.275 dated 23.08.2011 and quash the same as arbitrary and illegal. For Petitioner ... Mr.R.Jegadeeshwaran For Respondents ... Mr.M.Govindan, Special Govt. Pleader https://hcservices.ecourts.gov.in/hcservices/ 2 COMMON ORDER W.P(MD)No.11309 of 2011 has been filed by the petitioner to issue a writ of Certiorari to call for the records relating to the order of the second respondent in his proceedings in Na.Ka.3146/2008/A3(Ooraa.) dated 27.06.2011 and the consequent notification in Tamil Nadu Government Gazette No.188 dated 28.06.2011 and quash the same as arbitrary and illegal. 2. W.P(MD)No.11310 of 2011 has been filed by the petitioner to issue a writ of Certiorari to call for the records relating to the order of the second respondent in his proceedings in Na.Ka.5662/07/A3(Ooraa.) dated 19.08.2011 and the consequent notification in Tamil Nadu Government Gazette No.275 dated 23.08.2011 and quash the same as arbitrary and illegal. 3. Heard Mr.R.Jegadeeshwaran, learned Counsel appearing for the petitioners in both the writ petitions and Mr.M.Govindan, learned Special Government Pleader who takes notice for the respondents in both the petitions. 4. By consent, the writ petitions itself are taken up for final disposal. 5. Both the writ petitioners are the Presidents of respective Panchayats and they have suffered an order under Section 205(11) of the Tamil Nadu Panchayats Act, 1994 and they have been removed. 6. Challenging the order of removal, the petitioners have filed W.P (MD)Nos.10204 of 2011 and 10312 of 2011 which came to be disposed of on 13.09.2011 by this Court directing the petitioners to move the Government for stay of the order of removal and to consider the same forthwith. 7. Thereafter, the petitioners have filed the stay petitions on 15.09.2011. Since no order has been passed in the stay petition, the petitioners herein have filed W.P(MD)Nos.10847 and 10848 of 2011 respectively and both the petitions came to be disposed of on 23.09.2011 by this Court wherein it is held as follows: "3. In the present writ petitions, the petitioners again challenge the order of removal, dated 27.06.2011 and 19.08.2011, which were the subject matter of challenge in the earlier writ petitions on the same point, inasmuch as this Court has already given a direction to the petitioners to file a stay petition and a further direction to the Government to decide. Now, it is brought to the notice of this Court that the petitioners have filed petitions for stay before the Government. Considering the facts and circumstances of these cases and in the interest of justice, I am of the view that the first respondent must be directed to pass orders on the stay petitions filed by the petitioners, which is pending before the first respondent. Accordingly, the first respondent is directed to pass orders on the stay petition filed by the petitioners on or before 27.09.2011." https://hcservices.ecourts.gov.in/hcservices/ 3 8. In effect, the Government is directed to pass orders in the stay petitions filed by the petitioners on or before 27.09.2011 which order has not been obeyed. Therefore, the present writ petitions have been filed. 9. The factum of filing of the appeals and the stay petitions has not been disputed. In such view of the matter, the petitioners are before this Court seeking appropriate orders by stating that the non- consideration of the stay petitions has caused serious prejudice to the petitioners. 10. It is pleaded that since the appeals have been taken on file and the Government failed to exercise its power with regard to the suspension of the order under challenge, the petitioners' liberty to participate in the Panchayat Election has been greatly affected. 11. Since the Government has failed to exercise its power in the interim applications filed by the petitioners inspite of the specific direction by this Court, it is apparent that the Government has not taken the issue seriously and failed to decide the matter either way. 12. In such view of the matter, this Court is inclined to grant interim relief to the petitioners, however, with a rider that the appeals should be disposed of at the earliest. 13. In view of the above, the Government is directed to dispose of the appeals filed by the petitioners as expeditiously as possible as per law. Pending disposal of the appeals, the order of removal under challenge in terms of Section 205(11) of the Tamil Nadu Panchayats Act, 1994, shall stand suspended. 14. The writ petitions are ordered in the above terms. Consequently, the connected Miscellaneous Petitions are closed. No costs. rsb SD/- Assistant Registrar[CO] /True copy/ TO Sub Assistant Registrar 1.THE PRINCIPAL SECRETARY TO GOVERNMENT, RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, CHENNAI - 600 009. 2.THE DISTRICT COLLECTOR CUM INSPECTOR OF PANCHAYATS, COLLECTORATE, PUDUKKOTTAI, PUDUKKOTTAI DISTRICT. +2 CC TO MR.K.BALASUNDARAM, ADVOCATE SR.NOS.34216 & 34217. W.P.(MD)Nos.11309 and 11310 of 2011 and M.P(MD)Nos.1 and 2 of 2011 (in both the petitions) DATED:30.09.2011 3P/5C RPB : 30.09.2011 https://hcservices.ecourts.gov.in/hcservices/