1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P(MD)No.10435 of 2011 and M.P(MD)No.1 of 2011 K.Karuppiah @ Kasirajan, S/o.Kailasam, President, Valaramanickam Panchayat, Arimalam Panchayat Union Limit, Pudukottai District. .. Petitioner Vs. 1.The Government of Tamil Nadu, Rep. by its Secretary to Government, Rural Development & Panchayats Department, Fort. St. George, Chennai. 2.The District Collector, Pudukottai District. 3.The Block Development Officer, Village Panchayats, Arimalam, Pudukottai District. 4.The Tahsildar, Thirumayam, Pudukottai District. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondent herein to dispose of the appeal dated 12.09.2011 against the order of the second respondent in Na.Ka.No.3619/2009/A3 (Panchayats), dated 27.08.2011 and the publication in the Tamil Nadu Government Gazette dated 29.08.2011 bearing No.VI(2)/427(g)/2011, dated 27.08.2011, removing the petitioner from the post of President of Valaramanickam Panchayat, Arimalam Panchayat Union Limit Pudukottai District and pass order in accordance with law and keep the operation of the said order dated 27.08.2011 and the Gazette Notification dated 29.08.2011 in abeyance, till the disposal of the appeal. For Petitioner : Mr.AR.L.Sundaresan(SC) for M/s.AL.Ganthimathi For R-1, R-2 & R-4 : Mr.R.Anandha Raj, Govt. Advocate For R-3 : Mr.R.Karthikeyan Additional Govt. Pleader https://hcservices.ecourts.gov.in/hcservices/ 2 O R D E R This Writ Petition has been filed to direct the first respondent herein to dispose of the appeal dated 12.09.2011 filed against the order of the second respondent in Na.Ka.No.3619/2009/A3 (Panchayats), dated 27.08.2011 and the publication in the Tamil Nadu Government Gazette, dated 29.08.2011 bearing No.VI(2)/427(g)/2011, dated 27.08.2011, removing the petitioner from the post of President of Valaramanickam Panchayat, Arimalam Panchayat Union Limit Pudukottai District and pass order in accordance with law and keep the operation of the said order dated 27.08.2011 and the Gazette Notification dated 29.08.2011 in abeyance, till the disposal of the appeal. 2. Heard Mr.AR.L.Sundaresan, learned Senior Counsel appearing for the petitioner and Mr.R.Anandha Raj, learned Government Advocate, who takes notice for R-1, R-2 and R-4 and Mr.R.Karthikeyan, learned Additional Government Pleader, who takes notice for R-3. 3. By consent, the Writ Petition itself is taken up for final hearing. 4. The Writ Petition has been filed to dispose of the appeal, dated 12.09.2011 filed challenging the order of the second respondent, dated 27.08.2011 and the publication in the Tamil Nadu Government Gazette, dated 29.08.2011. 5. Section 205(12) of the Tamil Nadu Panchayats Act provides for an appeal which includes the power to suspend the order by the Government, if there is a case for doing so. 6. In this case, the grievance of the petitioner is that in spite of filing such appeal, the Government fails to exercise the power to decide the issue with regard to suspension of the order under challenge. 7. In view of the same, the Writ Petition is disposed of directing the Government to dispose of the appeal as expeditiously as possible. Pending disposal of the appeal, the order of the second respondent dated 27.08.2011 and the publication in Tamil Nadu Government Gazette, dated 29.08.2011, shall stand suspended. No Costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To 1.The Secretary to Government, Government of Tamil Nadu, Rural Development & Panchayats Department, Fort. St. George, Chennai. 2.The District Collector, Pudukottai District. 3.The Block Development Officer, Village Panchayats, Arimalam, Pudukottai District. 4.The Tahsildar, Thirumayam, Pudukottai District. +1 CC to M/s.AL.Ganthimathi, Advocate (SR.No.31350) W.P.(MD)No.10435 of 2011 13.09.2011 pm NSV/15.9.11/3P/6C https://hcservices.ecourts.gov.in/hcservices/