Madras High Court Division Bench Hears Intra-Court Appeals Against Order in Writ Petition on Panchayat Reservation. Issue Pertains to Validity of Reservation of Kolathur Panchayat President Post for ST General Category Under G.O.Ms.No.106.

High Court: Madras High Court Bench: Madurai
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Case Note & Summary

The intra-court appeals were filed under Clause 15 of the Letters Patent Act challenging the order dated 11.04.2023 passed in W.P.No.19308 of 2021. The writ petition was instituted by P.Baskar, who challenged G.O.Ms.No.106, Rural Development and Panchayat Raj (PR-1) Department dated 03.09.2021, insofar as it related to the allotment of Kolathur Panchayat President post to the 'ST General' category. The petitioner sought a direction to allot the post to another eligible reserved category. The facts were not in dispute; as per the government order, the Kolathur Panchayat President post had been reserved for 'ST General'. Two separate appeals were filed: W.A.No.2563 of 2024 by E.Harikrishnan (a third party) and W.A.No.895 of 2024 by the State Government and its authorities. Both appeals came up for hearing before a Division Bench of the High Court. The matter involved the validity of reservation of a panchayat president post under a government order. The court heard submissions from both sides, but the judgment text was incomplete, and the final outcome and reasoning were not available in the provided excerpt.

Issue of Consideration

Whether the reservation of Kolathur Panchayat President post for 'ST General' category under G.O.Ms.No.106 dated 03.09.2021 is lawful

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Case Details

2025 LawText (MAD) (02) 236

W.A.Nos.2563 & 895 of 2024 and C.M.P.Nos.19322 & 6273 of 2024

2025-02-18

Justice S.M. Subramaniam, Justice K. Rajasekar

Mr.S.Thanka Sivan, Mr.J.Srinivasamohan, Mr.T.Chandrasekaran, Special Government Pleader, M/s TVJ Associates

E.Harikrishnan (in W.A.No.2563 of 2024) and Government of Tamil Nadu, represented by its Secretary, Rural Development and Panchayat Raj, Chennai; Directorate of Rural Development and Panchayat Raj Department, Chennai; District Collector, Kancheepuram (in W.A.No.895 of 2024)

P.Baskar

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Nature of Litigation

Intra-court writ appeals against a single judge order in a writ petition concerning reservation of a Panchayat President post

Remedy Sought

The writ petitioner (P.Baskar) sought to quash G.O.Ms.No.106 insofar as it reserved the Kolathur Panchayat President post for 'ST General' and sought direction to allot it to another eligible reserved category

Filing Reason

The writ petitioner was aggrieved by the reservation of the post to ST General

Previous Decisions

The single judge of the High Court passed an order dated 11.04.2023 in W.P.No.19308 of 2021, which is under challenge in the present appeals

Issues

Whether the reservation of Kolathur Panchayat President post for ST General category under G.O.Ms.No.106 is valid

Judgment Excerpts

Writ appeals filed under Clause 15 of the Letters Patent Act, to set aside the order dated 11.04.2023 in W.P.No.19308 of 2021. The writ petition was instituted by the first respondent Mr.P.Baskar, challenging G.O.Ms.No.106, Rural Development and Panchayat Raj (PR-1) Department dated 03.09.2021, insofar as it relates to allotment of Kolathur Panchayat President post of 'ST General' and consequently direct the respondents to allot Kolathur Panchayat President post to other eligible reserved category. The facts are not in dispute between the parties. As per G.O.Ms.No.106, Kolathur, Panchayat President post has been reserved for 'ST General'.

Procedural History

The writ petition W.P.No.19308 of 2021 was filed by P.Baskar before the High Court. A single judge passed an order dated 11.04.2023. Intra-court appeals W.A.Nos.2563 & 895 of 2024 were filed by E.Harikrishnan and the State Government respectively challenging that order. The appeals were heard by a Division Bench.

Acts & Sections

  • Letters Patent Act: Clause 15
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High Court Madras High Court Division Bench Hears Intra-Court Appeals Against Order in Writ Petition on Panchayat Reservation. Issue Pertains to Validity of Reservation of Kolathur Panchayat President Post for ST General Category Under G.O.Ms.No.106.