N. Nalini v. Inspector of Panchayats-cum-District Collector
2016-02-16
B.RAJENDRAN
body2016
DigiLaw.ai
ORDER : After some elaborate arguments on both sides, the learned Additional Advocate General, by pointing out the two Division Benches decision of this Court reported in 2009 (1) CTC 356 , The District Collector and Inspector of District Panchayat Vs. S.Senthamizh Selvi as well as an unreported judgement made in W.A.(MD).No.938 of 2015 dated 11.09.2015, submitted that as against the order impugned in this Writ Petition only appeal under Section 205(12) of the Tamil Nadu Panchayat Act 1994 would lie and this Writ Petition, as such, is not maintainable. 2. The learned Counsel appearing for the petitioner submitted that he would prefer an appeal to the Government under Section 205(12) of the Tamil Nadu Panchayat Act, 1994. 3. The appeal ought to have been filed within 60 days from the date of passing of impugned order. Any way the period during which the writ petition has been pending has to be excluded under Section 14 of the Limitation Act. Therefore, the petitioner shall prefer an appeal within a period of one week from the date of receipt of a copy of this order. On such appeal is filed by the petitioner, the Government of Tamil Nadu represented by its Secretary, Rural Development and Panchayat Raj Department, Chennai, is directed to consider the appeal, and dispose of the same, on merits and in accordance with law, within a period of two months thereafter. 4. With the above direction, this Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.