M. Ramachandran v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.04.2025
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR and CMP.Nos.11245 & 11246 of 2024 M.Ramachandran ... Appellant Vs.
1.
The District Collector, The Project Director, The Assistant Director of Panchayat, The Block Development Officer, Arakkonam, Ranipet District.
Itchiputhur Village Panchayat, Rep. by its President, Itchiputhur Village, Arakkonam Taluk, Ranipet District.
6.
Padmanaban 7.
Ibrahim ... Respondents Prayer: Writ appeal filed under Clause 15 of the Letters Patent, to set aside the order dated 22.12.2023 passed in W.P.No.30788 of 2023. For Appellant : Mr.T.Mohan Senior Counsel for M/s.P.Krishnan For Respondents : Mrs.E.Ranganayaki Additional Government Pleader for R1 to R3 : Mr.D.Ravichander for R4 to R6 : R7-No appearance
JUDGMENT
(Judgment of the Court was made by S.M.SUBRAMANIAM, J.) Under assail is the order dated 22.12.2023 passed in W.P.No.30788 of 2023.
The writ petitioner is the appellant before this Court. The grievances of the appellant is that the respondents 6 and 7
allegedly committed financial irregularities in Itchiputhur Village Panchayat. The allegation relating to misappropriation of funds has not been looked into by the competent Authorities nor actions are initiated. Thus, the appellant preferred a writ petition.
The writ Court considered the fact that inspection was conducted with reference to certain works executed by the contesting respondents. However, the writ Court has made an observation that the said report would not preclude the petitioner, if any further grievance exist regarding the allegation of misappropriation of funds, financial irregularities etc., The learned Senior Counsel appearing on behalf of the appellant wold mainly contend that actions were already initiated under Section 205 of the Tamil Nadu Panchayat Act, 1994 (hereinafter referred to as 'the Act'). The District Collector being the Inspector of Panchayat is empowered to conduct enquiry and initiate all appropriate actions including criminal prosecution if any other allegations of financial irregularities, misappropriation of funds are established.
6.
Action initiated by the Authority under Section 205 of the Act is the subject matter in another writ petition in W.P.No.6530 of 2025. Therefore, the appellant has to place all the facts before the writ Court in the said writ
petition for continuance of further action by following the due procedures. However, the observation in the writ order is not a bar for continuance of any further actions initiated by the competent Authority under the provisions of the Act and Rules. It is made clear that earlier finding if any, giving clean chit to the President or the Authorities would not be a bar for initiation of further proceedings, if any further financial irregularities or misappropriation of funds are noticed.
Accordingly, the Writ Petition appeal stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed. [S.M.S,J.] [K.R.S,J.] 08.04.2025 veda Index:Yes/No Speaking order/Non-speaking order To 1.
The District Collector, The Project Director,
The Assistant Director of Panchayat, The Block Development Officer, Arakkonam, Ranipet District.
Itchiputhur Village Panchayat, Rep. by its President, Itchiputhur Village, Arakkonam Taluk, Ranipet District.
S.M.SUBRAMANIAM,J.
AND K.RAJASEKAR,J.
veda 08.04.2025