THENMOZHI RAVICHANDRAN Vs. PRINCIPAL SECRETARY TO GOVERNMENT RURAL DEVELOPMENT AND PANCHAYAT RAJ PRIV DEPARTMENT

JUDGEMENT

(1.) BY mutual consent of the learned counsel for the parties, the main petition itself is taken up for final hearing.

(2.) THE petitioner has come forward with this petition seeking for the relief of quashing the proceedings of the first respondent in G.O.(D) No.553 dated 23.09.2009 in confirming the fourth respondent's Notification made in VI(2)/49/2009 T.N.G.G.No.4 Part IV Section 2 of the Tamil Nadu Government Gazatte dated 04.02.2009 made by his proceedings in Na.Ka.A6/3472/2007 dated 09.01.2009 a direction to restore the petitioner as President of the Thatchampattu Village Panchayat, Thatchampattu Village & Post, Gingee Taluk, Villupuram District.

(3.) MR.L.S.M.Hasan Faizal, learned Government Advocate would contend that there is no illegality or infirmity in the impugned orders. It is contended that the petitioner was given reasonable opportunity to put forward her case. It is pointed out that a show-cause notice was given and for that the petitioner has also submitted her explanation and the fourth respondent being not satisfied with the said explanation proceeded to direct the Tahsildar to convene the Panchayat meeting in compliance of the procedure contemplated under the Tamil Nadu Panchayats Act under Section 205(2) to (10). It is further contended that in the said meeting 5 members out of six members supported the petitioner and stated that the petitioner should not be removed from the post of President. But the fourth respondent, having considered that there are enough materials available on record to prove the charge of misappropriation, differed from the view of the Panchayat and passed the impugned order of removal.