1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23/09/2011 C O R A M THE HONOURABLE Mr.JUSTICE P.JYOTHIMANI Writ Petition (MD)Nos.10847 and 10848 of 2011 Kannadasan ... Petitioner in W.P.No.10847 of 2011 Sadasivam ... Petitioner in W.P.No.10848 of 2011 Vs. 1.The Principal Secretary to Government Rural Development and Panchayat Raj Department Secretariate, Chennai – 600 009. 2.The District Collector cum Inspector of Panchayats, Collectorate, Pudukottai, Pudukottai District. ... Respondents in both W.Ps. Common Prayer : Petitions filed under Article 226 of the Constitution of India praying for the issuance of a writs of Certiorari to call for the records relating to the orders of the second respondent in his proceedings in Na.Ka.3146/2008/a3(ooraa.) dated 27.06.2011 and Na.Ka.5662/07/A3 (Ooraa.) dated 19.08.2011 and the consequent notifications in Tamil Nadu Government Gazette Nos.188 and 275 respectively dated 28.06.2011 and 23.08.2011 and quash the same as arbitrary, illegal. For petitioner in both W.Ps. ... Mr.K.Baalasundaram For respondents ... Mr.M.Govindan Special Government Pleader COMMON ORDER Heard the learned counsel for the petitioners, who has taken enormous pain to tell this Court that the District Collector, who has taken a different view against the decision of the Panchayats, in which, the petitioner in W.P.No.10847 is concerned, out of nine members, seven members voted in his favour and two members objected to it and as far as the petitioner in W.P.No.10848 is concerned, out of 10 members, 9 members voted in his favour and only one member objected and therefore, the Collector has passed reasoned orders. https://hcservices.ecourts.gov.in/hcservices/ 2 2. However, I am unable to accept the contention of the learned counsel for the petitioners for the reason that the petitioners themselves approached the Government by filing appeals under Section 205 (12) of the Tamil Nadu Panchayats Act 1994. Having filed an appeal, when they have filed Writ Petitions in W.P.Nos.10204 and 10312 of 2011 against the removal orders passed by the District Collector and being obtained orders in the earlier writ petitions, this Court, by an order dated 13.09.2011, taking note of the fact that the petitioners have already filed appeals challenging the removal orders, as early as on 18.07.2011, however they have not chosen to file a petition for stay before the Government, directing the petitioners to file a stay petition, in which event, the Government shall pass orders forthwith. 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. With the above direction, these writ petitions are disposed of. No costs. Consequently connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.The Principal Secretary to Government Rural Development and Panchayat Raj Department Secretariate, Chennai – 600 009. 2.The District Collector cum Inspector of Panchayats, Collectorate, Pudukottai, Pudukottai District. +2 CCs Mr.K.Baalasundharam, Advocate (SR.NO.32983 & 32984) Writ Petition No.10847 and 10848 of 2011 and M.P.Nos.1,1,1 to 3,3,3 of 2011 RR 23.09.2011 NSV/23.9.11/2P/5C https://hcservices.ecourts.gov.in/hcservices/