M. Raja v. K. Parimala

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2025 CORAM :

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K.RAJASEKAR M.Raja ..

Appellant v.

1. K.Parimala

2. The District Collector Dharmapuri

3. The Assistant Director Rural Development (Panchayat) Dharmapuri District Collector's Office, Dharmapuri

4. The Block Development Officer (Village Panchayat) Kadathur Revenue Block Kadathur Village Panchayat Office Kadathur, Dharmapuri District

5. Renuka ..

Respondents Memorandum of Grounds of Writ Appeal filed under Clause 15 of the

Letters Patent against the order dated 29.07.2024 passed in W.P.No.9502 of 2024.

For Appellant ::

No appearance For Respondents ::

Mr.R.N.Amarnath for Mr.A.Maheshnath for R1 Mrs.V.Yamuna Devi Special Government Pleader for R2 to R4 No appearance for R5

JUDGMENT

(Judgment of the Court was made by S.M.SUBRAMANIAM,J.) The matter was listed for hearing on 24.02.2024. Since none appeared on behalf of the appellant, this Court directed the Registry to list the matter under the caption 'for dismissal'. When the matter is called today, again no one appeared for the appellant.

2. The learned Special Government Pleader appearing on behalf of the respondents 2 to 4 would submit that the tenure of the appellant/elected President expired on 05.01.2025. Therefore, no adjudication on merits is required.

3. Mr.R.N.Amarnath, learned counsel appearing on behalf of the first respondent would submit that the appellant, in his capacity as President, has involved in misappropriation of funds regarding award of contracts and such allegations are to be enquired into by the District Collector. The District Collector has already initiated action and the Panchayat has passed a resolution to remove the President. However, he continued in the post of President by virtue of an interim order granted by this Court.

4. By securing interim order in writ proceedings or writ appeal proceedings, the person accused of misappropriation of funds or illegal award of contracts cannot be allowed to escape from the clutches of legal proceedings even after expiry of his tenure. In other words, interim order would not provide any protection for seeking exoneration from such nature of allegations, which are all misconducts, offences, misappropriation etc. The allegations are to be enquired into by following the procedures and if prima facie materials are available then, criminal prosecution and actions to recover the financial loss are to be initiated.

5. In view of the above facts that the appellant continued as President by virtue of an interim order, the District Collector, Dharmapuri, the second respondent herein is directed to proceed with all further actions based on the complaint already received and complete the process of enquiry as expeditiously as possible by following the due procedures. The District Collector shall pass final orders under the relevant provisions of the Act. With this direction, the writ appeal stands dismissed. Consequently, C.M.P.No.21589 of 2024 is also dismissed. No costs. Index : yes (S.M.S.,J.) (K.R.S.,J.) 06.03.2025 ss To

1. The District Collector Dharmapuri

2. The Assistant Director Rural Development (Panchayat) Dharmapuri District Collector's Office, Dharmapuri

3. The Block Development Officer (Village Panchayat) Kadathur Revenue Block Kadathur Village Panchayat Office Kadathur, Dharmapuri District

S.M.SUBRAMANIAM,J.

AND K.RAJASEKAR,J.

ss 06.03.2025