S.Muniyammal v. The District Collector And Inspector Of Panchayats
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-07-2025
CORAM
THE HONOURABLE MRS.JUSTICE N. MALA WP. No.25484 of 2025 and WMP.Nos.28643 and 28644 of 2025 S.Muniyammal ....Petitioner Vs 1.The District Collector and Inspector of Panchayats, Ranipet District, Ranipet.
2.The Assistant Director (Panchayats), Ranipet District, Ranipet.
3.The Block Development Officer (VP), Arakonam Panchayat Union, Arakonam & Post, Ranipet District.
4.C.Padmanabhan, President, Ichiputhur Village Panchayat, Arakonam Panchayat Union, Ranipet District.
....Respondents Writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records of the 1st Respondent made in Na.Ka.A2/1860/2024 dated 27.06.2025, quash the same in so far as against the 1/6
Petitioner.
For Petitioner : Mr.P.Krishnan For Respondents : Mr.M.Shajakhan, SGP for RR1 and 2 Mr.Tippusultan, GA for R3
ORDER
Writ petition is filed for a Writ of Certiorari, calling for the records of the 1st respondent dated 27.06.2025, to quash the same and pass such further or other orders.
2. The petitioner is the Vice President of Ichiputhur Village Panchayat. According to the petitioner, the 4th respondent committed misappropriation of the Panchayat funds of more than Rs.4 Crores. Therefore, one Mr.Ramachandran, lodged a complaint against the 4th respondent, for misappropriation of the public funds. The petitioner states that the petitioner is not connected with the misappropriation committed by the 4th respondent. The 1st respondent meanwhile, framed charges against the 4th respondent and the proceedings are pending. Whileso, the 4th respondent filed several writ petitions challenging the proceedings. Meanwhile, the 2nd respondent issued a show cause notice to the petitioner calling for the petitioner's explanation for non completion of the works mentioned therein. The petitioner submitted a reply on 24.06.2025, and thereafter, the 1st respondent passed the impugned order withdrawing the cheque signing authority from the petitioner. 2/6
Aggrieved by the impugned order, the petitioner filed the above writ petition for the aforesaid relief.
3. The learned counsel for the petitioner submitted that, though the petitioner submitted her reply to the show cause notice on 24.06.2025, even without considering the petitioner's reply, the impugned order withdrawing the cheque signing authority of the petitioner was passed. The learned counsel submitted that the impugned order was in gross violation of principles of natural justice and therefore, the impugned order deserved to be set aside.
4. I have heard all the learned counsels and perused the materials placed on record. With the consent of the learned counsels, the main writ petition is taken up for final disposal.
5. From a reading of the impugned order, it is clear that the petitioner's explanation was not considered and the impugned order was passed without adverting to the explanation offered by the petitioner to the show cause notice issued by the 2nd respondent. The least that the 1st respondent could have done was to consider the petitioner's reply, and thereafter passed order's either accepting or rejecting the same. Hence, I find there is gross violation of principles of natural 3/6
justice and therefore the impugned order dated 27.06.2025, is unsustainable and is set aside.
6. In any event, the matter is remitted to the 1st respondent for fresh consideration. The 1st respondent shall consider the petitioner's reply dated 24.06.2025, by calling for the M-book, inspect the same and thereafter pass orders on merits and in accordance with law, within a period of four (4) weeks, from the date of receipt of a copy of this order.
7. The learned counsel for the respondents 1 to 3 are directed to communicate this order to the 1st respondent forthwith, without waiting for either a webcopy or certified copy of this order.
Writ petition is accordingly allowed with the above direction. However, there shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed.
10.07.2025 dsn Index:Yes/No Speaking Order:Yes/No To 4/6
1.The District Collector and Inspector of Panchayats, Ranipet District, Ranipet.
2.The Assistant Director (Panchayats), Ranipet District, Ranipet.
3.The Block Development Officer (VP), Arakonam Panchayat Union, Arakonam & Post, Ranipet District.
4.C.Padmanabhan, President, Ichiputhur Village Panchayat, Arakonam Panchayat Union, Ranipet District.
N.MALA,J.
5/6
dsn WP. No.25484 of 2025 and WMP.Nos.28643 and 28644 of 2025 10.07.2025 6/6