LAWS(MAD)-2015-3-160

SASIKALA Vs. THE DISTRICT COLLECTOR AND ORS.

Decided On March 17, 2015
SASIKALA Appellant
V/S
The District Collector and Ors. Respondents

JUDGEMENT

(1.) THIS Writ Petition has been filed by the Vice President of Kuruvikarambai Village Panchayat challenging the order of the first respondent withdrawing her cheque signing power and permitting the fourth respondent to sing the cheque in the place of the petitioner.

(2.) THE only ground raised by the petitioner is that even though there was a recommendation by the panchayat resolution, before passing such an order, the District Collector should have issued notice calling upon the petitioner to give explanation. In this case, no such notice has been issued and thereby violated the principles of natural justice. No explanation was called for and the order is not supported by any reason by the Collector. The Collector has not independently looked into the matter and passed orders. Therefore, the order is per se illegal in view of the judgment of the Division Bench in Pugazhendran v. B.G. Balu ( : 2005 (1) CTC 545) and K.Valarmathi v. The District Collector, Coimbatore District and others ( : 2006 - 2 -L.W.19).

(3.) THE learned Additional Government Pleader appearing for the first respondent, though not filed any counter, they have filed a typed set of papers and submitted that the Collector has got necessary inputs not only from the minutes but also from the reply of the third respondent and considered the resolution and passed an order in accordance with law. Therefore, the order is per se correct.