LAWS(MAD)-2009-9-443

MANIVANNAN Vs. GOVERNMENT OF TAMIL NADU REPRESENTED BY

Decided On September 10, 2009
MANIVANNAN Appellant
V/S
GOVERNMENT OF TAMIL NADU, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL ADMINISTRATION AND RURAL DEVELOPMENT Respondents

JUDGEMENT

(1.) BY consent, the writ petition is taken up for final disposal.

(2.) THE above writ petition has been filed to quash the proceedings of the second respondent dated 03.01.2009 and the notification issued in the Government Gazette dated 11.02.2009 and direct the respondents to allow the petitioner to function as the President of Kulasekarapatty Village Panchayat.

(3.) THE sole ground on which the impugned order is being is attacked by stating that this Court in an earlier order dated 05.09.2008 in W.P.No.4979 of 2008 had directed the second respondent to send his proposal under Section 205(2) of the Act to the Tahsildar, Tenkasi to ascertain the views of the Panchayat and this direction has not been complied with and therefore, the entire proceedings are vitiated for non adherence of the mandatory provisions of Section 205(2) (3) and (8) of the Act. At this stage, it is useful to look into Section 205 (2) (3) and (8) which reads as follows: