S. Venda v. The Director / Commissioner Of Rural Development

2025:MHC:1188

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-04-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR AND CMP Nos. 24962 & 24961 of 2024 S.Venda Appellant(s) Vs 1.The Director / Commissioner Of Rural Development Panagal Building, 15, Jeenis Road, Saidapet, Chennai 15.

2.The Inspector of Panchayat / District Collector Collector Office, Kancheepuram.

3.The Assistant Director (Panchayats), Kancheepuram.

4.The Block Development Officer Iyyengarkulam Panchayat, Kancheepuram.

Respondent(s) PRAYER To set aside the Order passed in WP No. 5489 of 2024 dated 10.07.2024 by allowing the present WA For Appellant(s):

Mr.K.Suthan For Respondent(s):

M/s.E.Veda Bagath Singh SGP For R1 to 4

JUDGMENT

(Judgment was delivered by S.M.Subramaniam J.) The Intra-Court Appeal has been instituted challenging the writ order dated 10.07.2024 in W.P.No.5489 of 2024. The writ petitioner is the appellant before this Court.

2. The writ petition has been instituted challenging the order dated 31.01.2024 restraining the writ petitioner as president of the Panchayat from functioning as President until the disposal of the criminal case registered against him. Admittedly, the Department of Vigilance and Anti-Corruption registered a criminal case against the petitioner and the said case is pending. It is a trap case

and the petitioner was arrested, remanded to judicial custody and subsequently released on bail.

3. Section 230(2) of the Tamil Nadu Panchayats Act, 1994, stipulates "When according previous sanction under Sub-Section (1), it shall be open to the Government to direct by order that the President, Executive Authority, Chairman, Vice Chairman or Commissioner or the [Secretary], as the case may be, shall not discharge his duties as such until the disposal of the case".

4. In view of Section 230(2) of the Panchayats Act, the order impugned in the writ proceedings was passed and therefore, the Writ Court was right in dismissing the writ petition. This Court do not find any infirmity in respect of the order impugned. Consequently, the Writ Appeal stands dismissed. No costs. The connected Miscellaneous Petitions are closed. (S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 01-04-2025 Jeni Index:Yes/No

Speaking/Non-speaking order Internet:Yes To 1.The Director / Commissioner Of Rural Development Panagal Building, 15, Jeenis Road, Saidapet, Chennai 15.

2.The Inspector of Panchayat / District Collector Collector Office, Kancheepuram.

3.The Assistant Director (Panchayats), Kancheepuram.

4.The Block Development Officer Iyyengarkulam Panchayat, Kancheepuram.

S.M.SUBRAMANIAM J.

AND K.RAJASEKAR J.

Jeni 01-04-2025