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Court found the representation of the Village Panchayat Chief unconstitutional and opined that he was trying to spread hatred against transgender in his locality.
The Madras High Court recently ordered the President of a Village Panchayat to file an affidavit to explain under what authority of law, he had given a representation to the District Collector of his area to cancel the patta granted by the Government to the Transgender people of his locality.
The bench of Justice SM Subramaniam that a perusal of the Nainarkuppam Village Panchayat President's representation revealed that he was developing hatred ness towards Transgenders in his locality.
"...which is unconstitutional and the representation itself is directly in violation of Article 19(1)(d) of the Constitution of India," observed the single judge bench.
Moreover, court noted that the Village Panchayat had also passed a resolution on April 7, 2023, in this regard which was "unconstitutional and in violation of the fundamental rights ensured to the citizen of the country".
"The reasons stated in the representation cause concern to the mind of this Court and therefore, the petitioner is directed to be present before this Court and explain under what circumstances the resolution was passed by Panchayat and also produce the copy of the same," therefore, ordered the court.
The order was passed in a writ petition filed under Article 226 of the Constitution for issuance of a Writ of Mandamus, directing the District Administration of Cuddalore District to dispose of a petition of the Nainarkuppam Village Panchayat President on behalf of the villagers dated May 29, 2023 relating to the property of Karunkuzhi Revenue village.
The matter will be next taken up for orders on August 21, 2023.
Case Title: The President, N.D.Mohan, Nainarkuppam Village Panchayath v. The District Collector, Cuddalore and Others
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