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Madras High CourtWP/42871/2025dismissed

M. Elumalai v. The District Collector

2025-11-07Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.47938 and 47939 of 2025 M.Elumalai ... Petitioner -Vs1. The District Collector, Chengalpattu, Chengalpattu District.

2. The Director of Rural Development and Panchayat Raj, No.489, Anna Salai, Nandanam, Chennai.

3. The Assistant Director of Rural Development and Panchayat Raj, Chengalpattu, Chengalpattu District.

4. The Block Development Officer (Village Panchayat), St.Thomas Mount Village Panchayat, Chitalapakkam Panchayat Union, Chengalpattu District.

5. The Zonal Deputy Block Development Officer (Village Panchayat), St.Thomas Mount Village Panchayat, Chitalapakkam Panchayat Union, Chengalpattu District.

... Respondents

Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order in Na.Ka.No.0277/2024/Aa1, issued by the 4th respondent dated on 20.08.2025 and quash the same as arbitrary, illegal, ultra - virus and without jurisdiction and to direct the respondents to reinstate the petitioner in service forthwith with all consequential benefits namely the arrears of salary and allowances including balance subsistence allowance. For Petitioner : Mr.R.Naresh Kumar For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

ORDER

This writ petition has been filed challenging the order of suspension dated 20.08.2025 as illegal.

2. Heard the learned counsel on either side and perused the materials available on record.

3. The petitioner was working as Panchayat Secretary in Kovilambakkam Village Panchayat. While being so, he was suspended from service on 20.08.2025, on the allegation that the petitioner had beaten the Deputy Block Development Officers. Consequently, an FIR was registered and pursuant to the same, he was suspended from service.

4. The learned counsel for the petitioner would submit that the said officers have been now transferred to some other place and the fourth respondent is not the competent authority to suspend the petitioner, since the first respondent has got jurisdiction to suspend the Panchayat Secretary as per Rule 13 of the Tamil Nadu Civil Services (Discipline and Appeal) Rules.

5. On instructions, the learned Special Government Pleader appearing for the respondents submitted that the very same order of suspension was challenged before this Court in W.P.No.33261 of 2025 and the same was dismissed as withdrawn on 04.09.2025. It was completely suppressed by the petitioner and this present writ petition has been filed by him. That apart, the petitioner was suspended only on 20.08.2025 and without even completion of three months, the petitioner had approached this Court. His suspension order will be reviewed after a period of three months.

6. In view of the above, this Court finds no infirmity or illegality in the order passed by the fourth respondent dated 20.08.2025 and the writ petition is devoid of merits and is liable to be dismissed. However, the petitioner is at liberty to submit a representation for revocation of his order of suspension. On

receipt of the same, the fourth respondent is directed to review the order of suspension and pass appropriate orders in the manner known to law.

7. Accordingly, this writ petition stands dismissed. Consequently, connected Miscellaneous petitions are closed. No costs. 07.11.2025 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

To

1. The District Collector, Chengalpattu, Chengalpattu District.

2. The Director of Rural Development and Panchayat Raj, No.489, Anna Salai, Nandanam, Chennai.

3. The Assistant Director of Rural Development and Panchayat Raj, Chengalpattu, Chengalpattu District.

4. The Block Development Officer (Village Panchayat), St.Thomas Mount Village Panchayat, Chitalapakkam Panchayat Union, Chengalpattu District.

5. The Zonal Deputy Block Development Officer (Village Panchayat), St.Thomas Mount Village Panchayat, Chitalapakkam Panchayat Union, Chengalpattu District.

G.K.ILANTHIRAIYAN. J, mn 07.11.2025