Jayakumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.06.2025

CORAM

THE HONOURABLE MR.JUSTICE C.KUMARAPPAN And W.M.P.Nos.12941 and 12943 of 2025 Jayakumar ... Petitioner Vs.

1.The District Collector, Dharmapuri District, Dharmapuri.

2.The Revenue Divisional Officer, Office of Revenue Divisional Office, Dharmapuri.

3.The Block Development Officer, Karimangalam Panchayat Union, Karimangalam Taluk, Dharmapuri District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for records relating to the order of the third respondent made in Na.Ka.No.710/2023/E2 dated 14.03.2025 and quash the same and direct the respondents to reinstate the petitioner into service as Panchayat Secretary in Anumanthapuram Panchayat, Karimangalam Panchayat Union and Taluk, Dharmapuri with all service and monitory benefits. 1/4

For Petitioner : Mr.M.Muthappan For Respondents : Mr.R.U.Dinesh Kumar for R1 and R2 Additional Government Pleader Ms.E.Ranganayaki for R3

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus calling for the records relating to the order of the third respondent made in Na.Ka.No.710/2023/E2 dated 14.03.2025 and quash the same and direct the respondents to reinstate the petitioner into service as Panchayat Secretary in Anumanthapuram Panchayat, Karimangalam Panchayat Union and Taluk, Dharmapuri with all service and monitory benefits. 2.According to the learned counsel appearing for the petitioner though they have got alternative remedy, since because the procedure had not been followed, they are entitled to file writ petition. 3.The learned counsel appearing for the petitioner would submit that they have not been furnished with enquiry report, which statement was strongly objected by the learned Additional Government Pleader and they also produced the explanation given by the delinquent on 14.03.2025 to the enquiry report which is referred to as 2/4

reference no.12 in the impugned order.

4.In such view of the matter, this Court neither find violation of fundamental right nor the natural justice nor bias. As rightly contended by the learned Additional Government Pleader, as there is appeal remedy available to the petitioner, the writ petition is not maintainable.

5.The writ petition is dismissed. However, the petitioner is granted liberty to approach the appellate Authority within a period of two weeks from the date of receipt of a copy of this order. On filing of such appeal, the appellate Authority is directed to dispose of the same upon its own merits and in accordance with law, as expeditiously as possible. No costs. Consequently, connected miscellaneous petitions are closed.

26.06.2025 pri Note: Registry is directed to return the original impugned order to the learned counsel appearing for the petitioner after getting necessary acknowledgement.

Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 3/4

C.KUMARAPPAN,J.

pri To 1.The District Collector, Dharmapuri District, Dharmapuri.

2.The Revenue Divisional Officer, Office of Revenue Divisional Office, Dharmapuri.

3.The Block Development Officer, Karimangalam Panchayat Union, Karimangalam Taluk, Dharmapuri District.

And W.M.P.Nos.12941 and 12943 of 2025 26.06.2025 4/4