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Judgment
R. Sudhakar, J.—Writ Petition No. 15925 of 2011 has been filed praying to issue a writ of Certiorarified Mandamus to call for the records
of the order passed by the first Respondent in Na. Ka. No. A2/2081/2011 dated 23.06.2011 and quash the same.
Writ Petition No. 15926 of 2011 has been filed praying to issue a writ of Certiorarified Mandamus to call for the records of the order passed
by the first Respondent in Na. Ka. No. A3/1130/2011 dated 17.06.2001 and quash the same.
Ms. V.M. Velumani, learned Special Government Pleader takes notice on behalf of the Respondents 1 and 2 in both the writ petitions.
The prayer in both the writ petitions is one and the same. Hence, by consent of both parties, both writ petitions are taken up together for final
disposal. In view of the order that is to be passed in both the writ petitions, the notice to the third Respondent in W.P. No. 15925 of 2011 is
dispensed with.
Both the writ petitions have been filed challenging the proceedings initiated against the Petitioner for the reasons that she has not given a suitable
reply to the notice within the stipulated time. The reasons for non submission of the reply has been explained in the affidavit stating that the
Petitioner has studied only upto 7th standard and that she has given an oral explanation to the second Respondent which for some reason has not
been forwarded to the competent authority in time, resulting in the initiation of the proceedings u/s 205 of the Panchayat Act and withdrawal of
cheque signing power u/s 203 of the Act.
At this stage, this Court is not inclined to set aside the proceedings under challenge, as admittedly, the Petitioner has not complied with the
direction to submit a reply. However, considering the nature of the grievance that the reply could not be submitted in time as stated in paragraph 8
of the affidavit and also taking into consideration the fact that the Petitioner claims to be educated only upto 7th standard and was misguided by an
officer, the Petitioner is given liberty to make representation/reply to the first Respondent within one week from the date of receipt of a copy of this
order. On receipt of the reply, it shall be considered by the first Respondent authority in accordance with law, within two weeks from the date of
receipt of the reply as above.
The writ petitions are disposed of as above. No costs. Consequently, connected miscellaneous petitions are closed.