Kani Raja v. The Inspector Of Panchayats / The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE BATTU DEVANAND W.P.(MD)No.12209 of 2025 and WMP(MD)Nos.8972 and 8973 of 2025 Kani Raja ...Petitioner/Petitioner Vs.

1. The Inspector of Panchayats/the District Collector, Collectorate, Theni District.

2. The Assistant Director (Panchayats), Rural Development and Panchayat Raj Department, Theni District.

3. The Assistant Director (Audit), Rural Development and Panchayat Raj Department, Theni District.

4. The Block Development Officer, Andipatti Taluk, Theni District.

5. A.Kumaresan

6. S.Rajesh

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, in the nature of a Writ of Certiorari to call for the records of the 4th respondent in respect of impugned order of the 4th respondent by

proceeding in Na.Ka.No. 88/2025/B1 dated on 01.04.2025 in so far as the 5th respondent is concern and quash the same. For Petitioner : Mr.K.Jeyamohan For R1 to R4 : Mr.D.Sachi Kumar Additional Government Advocate

O R D E R

This writ petition has been filed by an Ex-President of Thirumalapuram Panchayat, Andipatti Panchayat Union, Theni District, challenging the transfer order issued by the fourth respondent on 01.04.2025 wherein the fifth respondent, who is working as Panchayat Secretary at Bodidhasanpatti Panchayat, is given additional responsibility as Panchayat Secretary of Thirumalapuram Panchayat.

2. The learned counsel for the petitioner submits that at the instance of the petitioner, a criminal case was registered against the fifth respondent and as such, he should not be given additional responsibility as Panchayat Secretary at Thirumalapuram Panchayat.

3. The learned Additional Government Pleader appearing for the respondents 1 to 4 submits that the petitioner has no locostandi to file

this writ petition challenging the transfer orders issued by the fourth respondent. At present, the petitioner is not the President of Thirumalapuram Grama Panchayat as his tenure is over and a Special Officer is appointed to administer the panchayat affairs.

4. This Court agrees with the submissions of the learned Additional Government Pleader. Criminal case and other issues will be proceeded in accordance with law and the petitioner, who completed his tenure as the President of Thirumalapuram Panchayat, now cannot insist the fourth respondent with respect to the transfer orders. In our considered view, this writ petition is misconceived.

7. Accordingly, this writ petition is dismissed. There shall be no order as to costs.

Consequently, connected miscellaneous petitions are closed. 24.04.2025 Index : Yes / No Internet : Yes / No NCC : Yes / No CM

To,

1. The Inspector of Panchayats / the District Collector, Collectorate, Theni District.

2. The Assistant Director (Panchayats), Rural Development and Panchayat Raj Department, Theni District.

3. The Assistant Director (Audit), Rural Development and Panchayat Raj Department, Theni District.

4. The Block Development Officer, Andipatti Taluk, Theni District.

BATTU DEVANAND , J.

CM W.P.(MD)No.12209 of 2025 and WMP(MD)Nos.8972 and 8973 of 2025 24.04.2025