K.Nirmala v. The Director/The Commissioner Of Rural Development
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.07.2025
CORAM:
THE HONOURABLE MRs. JUSTICE N.MALA and WMP.No.30120 of 2025 K.Nirmala .. petitioner vs 1.The Director / The Commissioner of Rural Development Panagal Building No.15, Jeenis Road Saidapet, Chennai - 600 015.
2.The District Collector / Inspector of Panchayat Ranipet Division Ranipet 3.The Assistant Director (panchayat) O/o.The Assistant Director (panchayat) District Collectorate Complex Ranipet District.
4.The Block Development Officer (village panchayat) Sholingar Panchayat union Ranipet District - 631 102.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of certiorari to call for the records connected with 1/7
the impugned order passed by the 2nd respondent in proceedings Na.Ka.A6/1128/2025 dated 07.07.2025 and quash the same. For Petitioner : Mr.V.S.Jagadeesan For Respondents : Mrs.P.Vijayadevi, GA for R1 to R3.
Mr.J.C.Durairaj, AGP for R4.
O R D E R
This writ petition is filed to call for the records connected with the impugned order passed by the 2nd respondent in proceedings Na.Ka.A6/1128/2025 dated 07.07.2025 and quash the same.
2. The petitioner was elected as President of Karikkal Village Panchayat. Due to pressure from various other political parties and especially from her husband, the Vice President of Karaikkal Village Panchayat, started giving trouble to the petitioner by not cooperating in the day to day administration of the Village Panchayat. The petitioner and other members gave several representations to the Block Development Officer, requesting him to withdraw the cheque power of the Vice President, since she was refusing to sign the cheques for releasing the funds from the General Fund. Therefore, the 4th respondent issued show cause notice to the 2/7
Vice President on 03.03.2023, but the vice president did not submit any reply. Hence, another show cause notice was issued on 24.03.2023, by the 3rd respondent, warning the Vice President that, if no explanation was offered, recommendation would be made to the Collector for appropriate action against her, under Section 203 and 204 of the Tamil Nadu Panchayat Act, 1994. On 11.09.2023, the 3rd respondent addressed a letter to the Vice President and all the Ward members directing them to appear for an enquiry on 21.09.2023. In the said enquiry no effective steps were taken on the petitioner's complaint. Therefore, the petitioner gave another representation on 27.09.2023, to the 3rd and 4th respondent for which, the 3rd respondent sent a letter on 01.04.2025, directing the 4th respondent, to conduct an enquiry and to submit a report on or before 10.04.2025. The 4th respondent on 04.04.2025, inturn sent a letter to the Zonal Block Development Officer (Zone 5) to conduct an enquiry and to submit a report on before 09.04.2025.
3. Pending the aforesaid enquiry, the 3rd respondent issued a show cause notice on 03.06.2025, seeking explanation from the petitioner for her non-cooperation, in the day to day administration. The petitioner offered her explanation on 21.06.2025, and also filed a writ petition challenging the same. The first respondent even without considering the petitioner's 3/7
explanation dated 21.06.2025, withdrew the cheque signing power of the petitioner and Vice President and conferred the same on the Block Development Officer, Village Panchayat, Sholingar and on the Deputy Block Development Officer (Zone 5) vide Proceedings No.Na.Ka.A6/1128/2025 dated 07.07.2025. Aggrieved by the aforesaid proceedings, the petitioner filed the present writ petition.
4. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents 1 to 3 and the learned Additional Government Pleader for the 4th respondent and perused the materials available on record. With consent of both parties, this writ petition is taken up for final disposal.
5. A reading of the impugned order reveals that the first respondent has not assigned any reasons in the impugned order for withdrawing the cheque signing authority of the petitioner/President and the Vice President, despite the petitioner submitting her explanation to the show cause notice on 21.06.2025. The petitioner's explanation was not considered by the first respondent, while passing the impugned order. In my view, the first respondent in all fairness ought to have considered the petitioner's replu , 4/7
assigned reasons for rejecting the same and thereafter passed the impugned order. In the absence of any reasons for rejecting the petitioner's reply, the impugned order cannot be sustained since it amounts to non-application of mind to the reply of the petitioner. It is trite that reasons are heart beat of administrative decisions.
6. Hence, the impugned order dated 07.07.2025, is set aside and the matter is remitted to the first respondent, for fresh consideration. The first respondent shall consider the petitioner's reply dated 21.06.2025 and thereafter pass reasoned order on merits and in accordance with law, within a period of eight weeks, from the date of receipt of a copy of this order.
7. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 22.07.2025 Speaking order / Non-speaking order Index : Yes / No : Yes / No tsh 5/7
To 1.The Director / The Commissioner of Rural Development Panagal Building No.15, Jeenis Road Saidapet, Chennai - 600 015.
2.The District Collector / Inspector of Panchayat Ranipet Division Ranipet 3.The Assistant Director (panchayat) O/o.The Assistant Director (panchayat) District Collectorate Complex Ranipet District.
4.The Block Development Officer (village panchayat) Sholingar Panchayat union Ranipet District - 631 102.
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N. MALA , J.
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