M EGAVALLI MAHALINGAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) HEARD Mr. M. V. Ayyathurai, learned counsel leading for Mr. M. Velmurugan, learned counsel appearing for the petitioner and Mr. R. Neelakantan, learned Government Advocate appearing for respondents 1 and 2 and Mr. J. Rajakalifulla, learned counsel appearing for third respondent and perused the records.

(2.) THE petitioner has filed the present writ petition seeking to challenge the order of the Government in G. O. (D)No. 294, Rural Development and Panchayat Raj Department, dated 25. 5. 2009 passed by the first respondent, confirming the order of the second respondent, the District Collector, Tiruvallur District, dated 16. 9. 2008 and published in the Tamil Nadu Government Gazette in Part IV Section 2 dated 3. 9. 2008 (pages 496 and 497), in ordering removal of the petitioner from the post of the President of Kummanur Village Panchayat under Section 205 (11) of the Tamil Nadu Panchayat Act.

(3.) THE reason found in the order was that the petitioner was responsible for cutting green trees found in poramboke lands without following the procedure found in G. O. Ms. No. 277, Rural Development Department, dated 22. 11. 2001 and arbitrarily allowed to auction it. She had misused the power of a Panchayat President and caused loss to the panchayat. After considering the charges, her explanation and views given by the Panchayat members, the Collector, who is also the Inspector of Panchayats having been satisfied that removal of petitioner is the only option had issued the said notification.