P.Pappathi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 01.12.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA and W.M.P.No.
of 202 1.
P.Pappathi 2.
M.Irusayee ... Petitioners Vs 1.
The District Collector, Kallakurichi District, Kallakurichi.
2.
The Block Development Officer (Village Panchayat), Kallakurichi Panchayat Union, Villupuram District.
3.
Ka.Mamanandal Panchayat, Rep.by its President, Ka.Mamanandal, Villupuram District.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India seeking to issue Writ of Certiorari calling for the records relating to the order of the 2 nd 1/8
respondent dated 31.01.2022 in Na.Ka.No.A1/0533/2022 and quash the same. For Petitioners : Mr.K.Selvaraj For Respondents : Ms.S.Anitha Special Government Pleader for R1 and R2
ORDER
The above writ petition is filed seeking to quash the order dated 31.01.2022 passed by the second respondent in Na.Ka.No.A1/0533/2022.
2. The short facts which have given rise to the filing of the writ petition are herein below set out :
(a)The petitioners were appointed as Sweepers in the 3 rd respondentPanchayat, during October 2019 on a consolidated pay of Rs.2,600/- per month. They have been discharging the duties to the satisfaction of their superiors. That being the case, the President of the 3 rd respondent-Panchayat, in order to accommodate the persons of his choice namely one Sangeetha and 2/8
Periyayee, was determined to terminate the service of the petitioners. (b)The petitioner would submit that they worked continuously for a period of three years in the 3 rd respondent-Panchayat and there has been no complaint with reference to the work executed by them. Their families are also totally dependant on the meagre pay that is being earned by the petitioners. (c)It appears that the President of 3 rd respondent-Panchayat has sent a letter to the second respondent on 27.01.2022, directing the second respondent to terminate the services of the petitioners and to appoint the said Sangeetha and Periyayee in their place, stating that the petitioners are unable to discharge the duties owing to their age. This absolutely is false, inasmuch as the petitioners are aged 46 years and 50 years respectively and by no stretch of imagination can they be called old.
(d)On the basis of this letter, the second respondent directed the Deputy Block Development Officer to inspect the office of the 3 rd respondent and submit his report. It appears that the 3rd respondent has influenced the second respondent as well as the Deputy Block Development Officer to give a report against the petitioners.
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(e)Thereafter, without any charge memo, notice and enquiry, the petitioners have been terminated by virtue of impugned order. Aggrieved by the same, the petitioners are before this Court in the present writ petition.
3. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for respondents 1 and 2.
4. A mere perusal of the impugned order would clearly show that the second respondent has simply followed the lines given in the letter addressed by the 3 rd respondent Panchayat to terminate the services of petitioners. The impugned order would further reveal that no notice has been issued to the petitioners nor they have been given an opportunity to submit their explanations / objections to the letter issued by the third respondent, and by totally flouting the principles of natural justice, the impugned order has been passed. Affording an opportunity to the persons charged, to putforth their case is a cornerstone of justice, which is not adhered to in the instant case. 4/8
Therefore, the impugned order is arbitrary and cannot be sustained.
5. Accordingly, the writ petition stands allowed and the impugned order of the second respondent dated 31.01.2022 in Na.Ka.No.A1/0533/2022, is hereby quashed. No costs. Consequently, connected miscellaneous petition is closed.
01.12.2025 (3/3) Index : Yes / No Speaking order / Non-speaking order ds 5/8
To:
1.
The District Collector, Kallakurichi District, Kallakurichi.
2.
The Block Development Officer (Village Panchayat), Kallakurichi Panchayat Union, Villupuram District.
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P.T. ASHA, J, ds 7/8
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