"Developing Hatred Towards Transgender": Madras High Court Seeks Explanation From Panchayat President Seeking To Cancel Land Allotment

Justice SM Subramaniam noted that the representation given by the Village Panchayat revealed his hatred towards the Transgender persons in the locality, which was unconstitutional and in violation of Article 19(1)(d) of the Constitution.

“A perusal of the representation submitted by the petitioner reveals that he is developing hatredness towards Trans-Genders in that locality which is unconstitutional and the representation itself is directly in violation of Article 19(1)(d) of the Constitution of India,” the court observed.

The court also noted that the Village Panchayat had passed a resolution to this effect which was also against the fundamental right of the citizens and caused concern to the court.

“The Nainarkuppam Panchayat has passed a resolution on 07.04.2023, which is also unconstitutional and in violation of the fundamental rights ensured to the citizen of our great nation. The reasons stated in the representation causes 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,” the court said.

Thus, the court directed the President to file an affidavit explaining under what authority of law, he had sought for cancellation and had passed the resolution in the Panchayat.

“The President of the Nainarkuppam Panchayat / petitioner has to file an affidavit to explain under what authority of law, he has given such representation to the District Collector, and passed resolution in the Panchayat,” the court ordered.

Case Title: The President, Mr. ND Mohan Nainarkuppam Village Panchayath v The District Collector and Others

Case No: WP No.23963 of 2023