MARIYAPPAN Vs. THE STATE OF TAMILNADU AND ORS.

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner praying issuance of a writ of Certiorari to call records relating to the impugned order bearing No.Cep5/2198/2012 dated 19/01/2015 passed by the 2nd respondent, the consequential Government Gazette Notification bearing No. 19 dated 20.01.2015, to quash the same.

(2.) THE brief facts of the case, which are necessary to dispose of this writ petition, in brief, are as follows: -

(3.) THE learned counsel appearing for the petitioner, by inviting the attention of this Court to the notice dated 07.07.2014 issued by the 4th respondent under Section 205(3) of the Tamil Nadu Panchayats Act, to convene the meeting of all the ward members with regard to the proposal for removal of the petitioner herein from the post of President of the village panchayat, submitted that along with the said notice dated 07.07.2014, no copies of the documents such as show cause notice issued under Section 205(1), explanation of the petitioner to the said show cause notice, proposal for removing the petitioner from the post of President of the Panchayat and other connected documents were furnished to the petitioner. The 4th respondent has simply served a notice without furnishing connected documents. Therefore, the very notice issued by the 4th respondent for convening the meeting of the Ward Members itself is bad in law. In support of his contention, the learned counsel for the petitioner relied upon the unreported judgment of this Court delivered in W.P. No. 10676 of 2010 (V.Kanagavalli Viswanathan Vs The Chief Secretary to Government and five others) dated 20.07.2010, wherein a learned Single Judge of this Court has held that the conducted papers should be furnished to the members of the village panchayat along with the notice for convening the meeting of the panchayat with regard to the proposal for removing the President from the office and if no such documents are furnished, then it is only an empty formality.