NALLA SETHUPATHY, CHAIRMAN, R S MANGALAM PANCHAYAT UNION Vs. SECRETARY TO GOVERNMENT OF TAMIL NADU RURAL DEVELOPMENT AND PANCHAYAT DEPARTMENT, DISTRICT COLLECTOR AND REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) Admit. The Writ Petition itself is taken up for final disposal. Heard the learned Counsel appearing for the Petitioner and the learned Government Advocate appearing for the Respondents.

(2.) The writ Petitioner is an elected Chairman of a Panchayat Union whose term, admittedly, is going to expire in November, 2011. He has challenged the impugned notice issued by the Revenue Divisional Officer, Ramanathapuram, the third Respondent herein, dated 24.10.2008, as per Section 207(3) of the Tamil Nadu Panchayats Act, 1994, for the purpose of taking action for removal of the Chairman in the Panchayat Council on the ground that he has assaulted the Block Development Officer. By virtue of an interim order passed by this Court on 10.11.2008, directing that the Petitioner shall not be removed from office, which continues as on date, it appears that the Petitioner continues to be the Chairman of the Panchayat. Admittedly, there is No. stay in respect of the proceedings initiated by the Revenue Divisional Officer, under Section 207(3) of the Tamil Nadu Panchayats Act, 1994 and in spite of it, the Revenue Divisional Officer has not taken any action so far, probably, for the reason that there has been an interim direction not to disturb the Petitioner to be the Chairman of the Panchayat. Since the term of the Chairman of the Panchayat itself is to expire in another three months, there is No. purpose in keeping the Writ Petition pending.

(3.) In such view of the matter, without expressing any opinion on the validity or otherwise of the impugned notice issued by the Revenue Divisional Officer, Ramanathapuram, purely on the ground that the term of the Petitioner as Chairman is going to expire in November, 2011, for which, steps are being taken for the purpose of declaration of election to Panchayat in August, 2011, the Writ Petition stands closed, extending the interim order passed by this Court till the announcement of election for the Panchayat by the competent authority. Making it very clear that from today, the Petitioner, who is entitled to continue as Chairman, shall not take any policy decision in respect of the administration of the Panchayat, except with the permission of the Inspector of Panchayats, viz., the District Collector. Consequently, the connected miscellaneous petitions are closed. No. costs.