Tamil Nadu - Madurai   

Writ petition against Collector dismissed

MADURAI: The Madras High Court Bench here on Tuesday dismissed a writ petition filed by a woman panchayat president to transfer an enquiry initiated against her by the Sivaganga Collector to any other officer of the same rank.

The president of Rajakambeeram panchayat apprehended that the Collector might take vengeance in the proceedings before him because she had earlier filed a number of cases, including a contempt application, against him.

Disagreeing with her, Justice K. Chandru said that the proceedings could not be transferred as the Collector, in his capacity as the Inspector of Panchayats, was the only authority for the purpose of enquiry under Section 205 of the Tamil Nadu Panchayats Act. It was not a fit case where the petitioner’s request could be considered because the Collector being a statutory authority was expected to pass a reasoned order which was subject to review both by the Government as well as the court.

“In any event, the mala fides alleged against the second respondent (Collector) are very weak and not supported by any credible materials. Further, statutory authorities are expected to function within the four corners of law and the decision rendered by them must be informed of reason,” he said. The Judge also said that a final decision taken by the Collector could be reviewed by the Government under Section 205 (12), failing which a judicial review was available under Article 226 (power of High Courts to issue writs) of the Constitution.

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