The Collector (Development Section) v. M Puttanniah
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-01-2026
CORAM
THE HON'BLE MR JUSTICE R. SURESH KUMAR AND THE HON'BLE MR.JUSTICE SHAMIM AHMED AND CMP NO. 30991 OF 2025 The Collector (Development Section) District Collectorate, Krishnagiri District, Krishnagiri. ..Appellant Vs
1. M Puttanniah, S/o. Muniyappa, D.NO.4/513, Vinayagapuram, Bagalur Road, Hosur - 109, Krishnagiri District.
2. The Block Development Officer, Village Panchayat, Panchayat Union, Thally, Krishnagiri District.
3. The Deputy Superintendent Of Police, Vigilance and Anti Corruption, Krishnagiri.
(R-3, Suo Motu impleaded as per order dated 13.06.2024 in WP No.15624/2024) ..Respondents Prayer : Writ Appeal under Clause XV of the Letters Patent To set aside the Order dated 21.03.2025 made in WP.No. 15624 of 2024. For Appellant :
Mr.S.Yashwanth Additional Government Pleader For Respondents :
Mr.S.Doraisamy - for R1 Mr.M.Murali Government Advocate - for RR 2 and 3
Judgment (Judgment of the Court was delivered by R.Suresh Kumar J.) The present intra Court appeal has been directed against the order passed by the Writ Court dated 21.03.2025 made in W.P.No.15624 of 2024.
2. The first respondent was the writ petitioner, who was working as Rural Welfare Officer, Grade I at Thally, Krishnagiri District. At that time, he was arrested by the Department of Vigilance and Anti Corruption at Krishnagiri on 26.03.2023 on the ground of demand and acceptance of bribe of Rs.30,000/-.
3. Disciplinary proceedings were initiated against the petitioner and based on the FIR already registered, a final report has also been filed in Special C.C.No.1 of 2024 on the file of the Sub Court / Chief Judicial Magistrate Court at Krishnagiri, where the trial is still pending.
4. In the meanwhile, since he has superannuated he wanted to get retiral benefits. Since there has been a disciplinary proceedings already initiated against him and also a criminal case is pending, he was not permitted to retire. Nevertheless, since he is entitled to get certain benefits like General Provident Fund, Special Provident Fund and some other benefits, the amounts for which he was
entitled to, not all pension and retiral benefits, he requested for payment of the same, which was not considered at that time.
5. This prompted the writ petitioner to file a writ petition seeking for a writ of Mandamus to consider his representation dated 02.05.2024 and pass orders sanctioning the retiral benefits such as General Provident Fund, Special Provident Fund, Encashment of Earned Leave and Encashment of Unearned Leave on Private Affairs.
6. Learned Writ Court, having considered the said prayer, has given a simple direction by order dated 21.03.2025, directing the appellant to consider the said representation of the writ petitioner dated 02.05.2024 and pass order sanctioning retirement benefits.
7. Aggrieved over the said order though this writ appeal has been filed, Mr.S.Yashwanth, learned Additional Government Pleader appearing for the appellant would submit that before the writ appeal got numbered, the direction given by the Writ Court had been complied with by considering the representation of the petitioner, where, four such requests has been made by the writ petitioner with regard to sanctioning of General Provident Fund, Special Provident Fund, Encashment of Earned Leave and Encashment of Unearned Leave on Private Affairs.
Out of the four requests, three requests have been considered and granted and only the request in respect of encashment of 240 days of Earned Leave and Unearned Leave on Private Affairs in the account of the writ petitioner as has been communicated in the order dated 28.06.2025, is pending. Therefore, full compliance of the order of the writ Court which is impugned herein though has been made, a contempt proceedings since has been filed and is pending before the Writ Court and a clarification is sought for in the order passed by the Writ Court, which is impugned herein by way of a modification and that is the reason for which the present appeal is filed, learned Additional Government Pleader contended.
8. We have heard Mr.S.Duraisamy for the first respondent, who would submit that insofar as the sanctioning of the three out of four benefits sought for by order dated 28.06.2025, there is no quarrel, with regard to the encashment of earned leave and unearned leave on private affairs is concerned, even for such benefit he is entitled to and therefore non-sanctioning the said benefit is not justifiable.
9. Be that as it may. Now an order has been passed on 28.06.2025 by the appellant in compliance of the order dated 21.03.2025 in W.P.No.15624 of 2024 which is impugned herein. Despite the order dated 28.06.2025, if the writ petitioner / respondent is still aggrieved, it is open to him to agitate the issue in the manner known to law. Therefore, for the alleged reason of non-compliance of the order of the writ Court, no coercive action need be taken by the respondent. Therefore, by
making this clarification, this writ appeal is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
(R.S.K.,J.) (S.S.A.,J.) 06-01-2026 Index: Yes/No Speaking/Non-speaking order KST To
1. The Collector (Development Section) District Collectorate, Krishnagiri District, Krishnagiri.
2. The Block Development Officer, Village Panchayat, Panchayat Union, Thally, Krishnagiri District.
3. The Deputy Superintendent Of Police, Vigilance and Anti Corruption, Krishnagiri.
R.SURESH KUMAR J.
AND SHAMIM AHMED J.
KST AND CMP NO. 30991 OF 2025 06.01.2026