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The Kumbakonam Panchayat Union, represented by its Chairman, Gayathri Ashok Kumar, Thanjavur v/s The District Collector, Thanjavur & Another

    W.P(MD)No. 23288 of 2022 & W.M.P(MD)No. 17380 of 2022

    Decided On, 14 October 2022

    At, Before the Madurai Bench of Madras High Court


    For the Petitioner: B. Jameel Arasu, Advocate. For the Respondent: R1, A. Kannan, Addl. Govt. Pleader, R2, P.T. Thiraviyam, Govt. Advocate.

Judgment Text

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records pertaining to the impugned notice dated 27.09.2022 in Na.Ka.No.227/2020/A2.)

1. The Petitioner has filed this Writ Petition seeking issuance of a Writ of Certiorari to quash the impugned notice, dated 27.09.2022 in Na.Ka.No.227/2020/A2.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. The case of the Petitioner is that the Petitioner was the elected Chairman of the Kumbakonam Panchayat Union.while so, the Block Development Officer, Kumbakonam had issued impugned notice on 27.09.2022 calling for the council meeting.The learned counsel for the Petitioner submits that the Block Development Officer, Kumbakonam has got no power to issue such notice as per the rules in existence, for conducting the council meeting and as per rules, one third of the members had to give request for conduct meeting and the President of the Panchayat Union would consider the same and hold the meeting within a time frame of 15 days and as per the other conditions as stated therein.

4. The learned counsel for the Petitioner submits that the Block Development Officer has called for a meeting to be held on 6.10.2022.The Petitioner has challenged the said notice issued by the Block Development Officer and on the intervention of the District Collector, Thanjavur, the said Block Development Officer/Mr.Rajan has been transferred and in his place Mrs.Poonguzhali has been appointed as Block Development Officer. Further it is stated that Tmt.Gayathri Ashok Kumar, Panchayat Union President, Kumbakonam has issued proper notice, dated 10.10.2022 to hold the council meeting on 20.10.2022 around 11.00 a.m.

5. The Petitioner submits that in view of the above situation, the Writ Petition has become infructuous and that the authorities will be prevented from issuing such notice in future.

6. In view of the above, the authorities concerned are hereby directed to follow the rules in existence while

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calling for council meeting of the Panchayat Union, as stated above, in future. 7. With the above observation, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.