IN THE HIGH COURT OF JUDICATURE AT MADRAS Date:21.3.2011 CORAM THE HONOURABLE MR. JUSTICE R.SUDHAKAR Writ Petition No.6719 of 2011 and M.P.No.1 and 2 of 2011 N.Nandakumar ..Petitioner vs. 1.The Inspector of Panchayats & District Collector, Tiruvallur District, Tiruvallur. 2.The Assistant Director (Panchayats), Tiruvallur District, Tiruvallur. 3.The Tahsildhar, Thiruvallur Taluk, Tiruvallur . 4.The Government of Tamil Nadu, by its Principal Secretary, Rural Development & Panchayat Raj Department, Fort St. George, Chennai.9. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records relating to the Impugned Notification Na.Ka.No.43060/ 08/A3/ Vu.E(Voo) dt.25.2.2011 and the subsequent Gazette Notification No.VI (2)/159(a-1)/2011 published in the Tamil Nadu Government Gazette No.84 dt.1.3.2011 Part VI-Section 2 issued by the Inspector of Panchayats and the District Collector Thiruvallur District the first respondent herein and quash the same and consequently direct the Inspector of Panchayats and the District Collector Thiruvallur District the first respondent herein to reinstate the petitioner in the Post of the Village Panchayat President, Perumalpattu Village Thiruvallur Taluk & District. https://hcservices.ecourts.gov.in/hcservices/ For Petitioner : Mr.J.Thilagaraj For Respondents : Mr.S.Shivashanmugam, Government Advocate. O R D E R Writ Petition is filed praying to issue a Writ of Certiorari calling for the records relating to the Impugned Notification Na.Ka.No.43060/ 08/A3/ Vu.E(Voo) dt.25.2.2011 and the subsequent Gazette Notification No.VI(2)/159(a-1)/2011 published in the Tamil Nadu Government Gazette No.84 dt.1.3.2011 Part VI-Section 2 issued by the Inspector of Panchayats and the District Collector Thiruvallur District / the first respondent and quash the same and consequently direct the Inspector of Panchayats and the District Collector Thiruvallur District / the first respondent to reinstate the petitioner in the Post of the Village Panchayat President, Perumalpattu Village Thiruvallur Taluk & District. 2. Mr.S.Shivashanmugam, learned Government Advocate, takes notice on behalf of the respondents. By consent of both parties, the writ petition is taken up for disposal. 3. Challenging the order of the District Collector/Inspector of Panchayat and the consequent notification removing the petitioner from the post of President of the Village Panchayat, the petitioner has preferred an appeal on 07.3.2011 to the Principal Secretary, Rural Development and Panchayat Raj, Secretariat, Chennai-9. On the same breadth, the petitioner has filed this writ petition challenging the very same order stating that there is a violation of principles of natural justice. Petitioner fairly states that a stay petition has also been filed along with the appeal. So far no orders have been passed and therefore, great prejudice is caused to the petitioner. 4. Mr.S.Shivashanmugam, learned Government Advocate appearing for the respondents states that the petitioner has chosen to challenge the very same proceedings before the two forums which could not be and therefore, the writ petition should be dismissed as the appeal is an effective alternate remedy. 5. Considering the nature of allegation made, the explanation given by the petitioner and taking note of the fact that an appeal has been filed on 07.3.2011, the Principal Secretary, Rural Development and Panchayat Raj, Secretariat, Chennai-9 is directed to take up the appeal on 29.3.2011 for hearing, if otherwise in order. The Appellate Authority shall also consider the interim relief sought for by the petitioner for stay of the impugned order removing the petitioner from the post of President of the Village Panchayat. The https://hcservices.ecourts.gov.in/hcservices/ Appellate Authority is directed to dispose of the matter either at interlocutory stage or the main appeal itself at his discretion. 6. The Writ Petition is disposed of as above. No costs. Consequently, connected miscellaneous petition is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ra To 1.The Inspector of Panchayats & District Collector, Tiruvallur District, Tiruvallur. 2.The Assistant Director (Panchayats), Tiruvallur District, Tiruvallur 3.The Tahsildhar, Thiruvallur Taluk, Tiruvallur . 4.The Principal Secretary, The Government of Tamil Nadu, Rural Development & Panchayat Raj Department, Fort St. George, Chennai.9. 2 cc To Mr.J.Thilagaraj, Advocate, SR.19877 W.P.No.6719 of 2011 vsv(co) pmk.22.3.2011 https://hcservices.ecourts.gov.in/hcservices/