Madras High Court
S.Venda vs The Director / Commissioner Of on 1 April, 2025
Author: S. M. Subramaniam
Bench: S. M. Subramaniam
2025:MHC:1188
WA No. 3227 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-04-2025
CORAM
THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
WA No. 3227 of 2024
AND
CMP Nos. 24962 & 24961 of 2024
S.Venda
Appellant(s)
Vs
1.The Director / Commissioner Of
Rural Development
Panagal Building, 15, Jeenis Road,
Saidapet, Chennai 15.
2.The Inspector of Panchayat / District
Collector
Collector Office, Kancheepuram.
3.The Assistant Director
(Panchayats), Kancheepuram.
4.The Block Development Officer
Iyyengarkulam Panchayat,
Kancheepuram.
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WA No. 3227 of 2024
Respondent(s)
WA No. 3227 of 2024
PRAYER
To set aside the Order passed in WP No. 5489 of 2024 dated 10.07.2024 by
allowing the present WA
WA No. 3227 of 2024
For Appellant(s): Mr.K.Suthan
For Respondent(s): M/s.E.Veda Bagath Singh SGP
For R1 to 4
JUDGMENT
(Judgment was delivered by S.M.Subramaniam J.)
The Intra-Court Appeal has been instituted challenging the writ order
dated 10.07.2024 in W.P.No.5489 of 2024. The writ petitioner is the appellant
before this Court.
2. The writ petition has been instituted challenging the order dated
31.01.2024 restraining the writ petitioner as president of the Panchayat from
functioning as President until the disposal of the criminal case registered against
him. Admittedly, the Department of Vigilance and Anti-Corruption registered a
criminal case against the petitioner and the said case is pending. It is a trap case
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and the petitioner was arrested, remanded to judicial custody and subsequently
released on bail.
3. Section 230(2) of the Tamil Nadu Panchayats Act, 1994, stipulates
“When according previous sanction under Sub-Section (1), it shall be open to
the Government to direct by order that the President, Executive Authority,
Chairman, Vice Chairman or Commissioner or the [Secretary], as the case may
be, shall not discharge his duties as such until the disposal of the case”.
4. In view of Section 230(2) of the Panchayats Act, the order impugned in
the writ proceedings was passed and therefore, the Writ Court was right in
dismissing the writ petition. This Court do not find any infirmity in respect of
the order impugned. Consequently, the Writ Appeal stands dismissed. No costs.
The connected Miscellaneous Petitions are closed.
(S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.)
01-04-2025
Jeni
Index:Yes/No
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Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
To
1.The Director / Commissioner Of
Rural Development
Panagal Building, 15, Jeenis Road,
Saidapet, Chennai 15.
2.The Inspector of Panchayat / District
Collector
Collector Office, Kancheepuram.
3.The Assistant Director
(Panchayats), Kancheepuram.
4.The Block Development Officer
Iyyengarkulam Panchayat,
Kancheepuram.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/05/2025 11:24:32 am )
S.M.SUBRAMANIAM
J.
AND
K.RAJASEKAR J.
Jeni
01-04-2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/05/2025 11:24:32 am )
