D. Muthuvadivelu v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.11.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.49056 & 49057 of 2025 D.Muthuvadivelu ... Petitioner -Vs1.The Secretary to Government, Revenue Department, Fort St.George, Chennai - 600 009.
2.The Commissioner of Revenue Administration and Disaster Management, Ezhillagam, Chennai - 600 005.
3.The District Collector, Office of the District Collectorate, Villupuram.
... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorari, to call for the records connected with the proceedings issued in Ser.2(1)/40412/2021 dated 12.11.2021 issued by the 2nd respondent and quash the same. For Petitioner : Mr.S.Ilamvaludhi For Respondents : Mr.R.U.Dinesh Rajkumar Additional Government Pleader ***** Page No.1 of 6
O RDER Challenging the charge memo, dated 12.11.2021 issued against the petitioner by the 2nd respondent, the petitioner has filed this writ petition.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The petitioner was working as Deputy Collector/ TDO Chengalpattu District and he was issued with a charge memo, dated 12.11.2021 under Rule 17(b) of Tamil Nadu Civil Services (D&A) Rules consisting of the following charges :- "Charge No.1 That he while holding the post of Revenue Divisional Officer, Chengalpattu has passed illegal orders with a fraudulent intention to assign valuable Government Land (Anadeenam lands) in Thazhambur Village, Vandalur Taluk, Chengalpattu District. (erstwhile Thiruporur Taluk, Kancheepuram District) to 6 private individuals as tabulated below by giving direction to the Tahsildar to implement the orders of the AC(LR), who has no authority to assign Government Lands, classified as Anadeenam. Due to this fraudulent act he has caused a wrongful loss to Government.
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S.
No.
Survey Number Extent Name of pattadar Proceedings 165/1 3.00 Acres Rathinaraj Na.Ka.No.B3/4153/2 018 dated-2.11.2018 170/4 3.00 Acres Promodkumar Na.Ka.No.B3/4262/2 018 dated-8.11.2018 171/4 3.00 Acres Vasanthakumar Na.Ka.No.B3/4261/2 018 dated-8.11.2018 167/2 3.00 Acres Lakshminarayanan Na.Ka.No.B3/4151/2 018 dated-2.11.2018 166/2 3.00 Acres Chandraprakash Na.Ka.No.B3/4218/2 018 dated-2.11.2018 166/3 3.00 Acres Kannan Na.Ka.No.B3/4154/2 018 dated-2.11.2018 Charge No.2 Thiru.D.Muthuvadivelu, Formerly Revenue Divisional Officer, Chengalpattu has passed the illegal orders by relying on the orders of AC(LR) which is passed without any competency. He has passed the illegal orders without verifying the veracity and validity of the illegal orders passed by the AC(LR) and also without conducting any field inspection and enquiry and he has also failed to verify the genuinity and background of the claimants.
Charge No.3 Thiru.D.Muthuvadivelu, Formerly Revenue Divisional Officer, Chengalpattu / Authorised Officer (Land Reforms) has committed the offence which can be construed as a Criminal offence by passing illegal order with a malafide intention of gaining personal benefits by cheating the government as a whole and resulting in filing FIR No.12/2020 U/s.120(B), 477(A), 420, r/w 34 IPC at the District Crime Branch on 04.08.2020 causing embarrassment to the District Administration. Page No.3 of 6
Charge No.4 Thiru.D.Muthuvadivelu, Formerly Revenue Divisional Officer, Chengalpattu Now, Inspection Cell Officer, Thanjavur District has committed irregularities in discharge of official duties and misused official position in a manner prejudicial to the interest of the Government and he has failed to maintain absolute integrity and devotion to duty and acted in the manner of unbecoming of government servant and violated the rule 20(1) of the Tamil Nadu Government Servant's Conduct Rules, 1973."
4. On a perusal of the above charges, it is clear that the petitioner has committed very serious illegality and as such, disciplinary proceedings was rightly initiated against him. Further, it is seen that an FIR has been registered against the petitioner in Crime No.12 of 2020 for the offences punishable u/s 120(B), 477(A), 420, r/w 34 IPC and the same is pending investigation. However, it has nothing to do with the petitioner's charge memo. It is pertinent to note that the disciplinary proceedings and the criminal proceedings can very well proceed simultaneously. Therefore, the pendency of the FIR is not a bar for the respondents to continue with the disciplinary proceedings. Hence, this Court finds no infirmity or illegality in the charge memo issued by the 2nd respondent against the petitioner. Therefore, this writ petition is liable to be dismissed.
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5. Accordingly, this Writ Petition is dismissed. However, the 2nd respondent is directed to complete the disciplinary proceedings initiated against the petitioner, within a period of six (6) months from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petitions are closed.
17.11.2025 Index : Yes/No Speaking/Non Speaking order sp To 1.The Secretary to Government, Revenue Department, Fort St.George, Chennai - 600 009.
2.The Commissioner of Revenue Administration and Disaster Management, Ezhillagam, Chennai - 600 005.
3.The District Collector, Office of the District Collectorate, Villupuram.
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G.K.ILANTHIRAIYAN. J, sp 17.11.2025 Page No.6 of 6