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2011 DIGILAW 1125 (MAD)

Padma Ramu v. Principal Secretary to Government, Rural Development and Panchayat Raj Department, Chennai

2011-03-02

R.SUDHAKAR

body2011
Judgment :- 1. Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order dated 1.10.2010 Ref.Na.Ka.4748/09/A3/U.E.(Uoo) issued by the second respondent and the Gazette Publication dated 4.10.2010 No.VI(2)460(a)-1/2010 issued by the second respondent and all consequential proceedings and quash the same and consequently direct the respondents to permit the petitioner to officiate as President of Zakirmangalam Village Panchayat, Thiruvelankadu Union, Thiruthani Taluk, Thiruvallur District. 2. Mr.L.S.M.Hasan Fizal, learned Government Advocate, takes notice on behalf of the respondents. By consent of both parties, the writ petition is taken up for disposal. 3. Challenging the order of the Inspector of Panchayat-cum-District Collector dated 4.10.2010, petitioner filed an appeal to the Secretary to Government, Rural Development, Secretariat on 15.10.2010 along with Interlocutory Application for stay of the order under challenge. The grievance of the petitioner is that the Government is refusing to consider the Interlocutory Application or the main Appeal as well, thereby prejudice is caused. 4. Mr.L.S.M.Hasan Fisal learned Government Advocate states that a direction may be issued to the first respondent to dispose of the appeal and the Interlocutory Application expeditiously. 5. Considering the nature of the grievance expressed by the petitioner and the plea that many of the charges against her are contrary to records and also in the light of the Division Bench Judgments of this Court which held that the provision for appeal to the Government should be exhausted in view of the alternate remedy available, it is necessary to direct the first respondent to dispose of the Interlocutory Application on merits and in accordance with law within one week from the date of receipt of a copy of this order. The Writ Petition is ordered as above. No costs. Consequently, connected miscellaneous petitions are closed.