Ajithkumar .M v. The Director,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE M.Ajithkumar ... Petitioner vs.

1.The Director, Rural Development and Panchayat Raj Department, Panagal Maligai, 4th and 5th Floor, Abdul Razzak Street, Sidapet, Chennai, Tamil Nadu - 600 015.

2.The District Collector, Tenkasi District, Tenkasi.

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

4.The Block Development Officer (VP), Sankarankovil Panchayat Union, Sankarankovil Taluk, Tenkasi District.

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5.R.Kalaiselvi ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 4 herein to take action against the fifth respondent and to collect penalty amount of Rs.48,79,687/- from her by considering the petitioner's representation dated 30.01.2023 within a stipulated time to be fixed by this Court. For Petitioner : Mr.M.Thirunavukkarasu For RR 1 to 4 : Mr.P.Thilak Kumar Government Pleader For R - 5 : Mr.S.Veluchamy

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ of Mandamus has been instituted to direct the respondents 1 to 4 to take action against the fifth respondent and to collect a penalty amount of Rs.48,79,687/- from her, by considering the petitioner's representation dated 30.01.2023 2/8

2.The petitioner, in his complaint, has raised certain serious allegations of financial irregularities against the fifth respondent, who was holding the post of Panchayat President during the relevant point of time. Since the term has expired, the fifth respondent is not holding the post of Panchayat President presently.

3.However, the learned counsel appearing for the petitioner would submit that the District Collector has to conduct an enquiry to deal with the allegations raised in the complaint.

4.The learned counsel appearing for the fifth respondent would oppose by stating that the fifth respondent has already been exonerated from the allegations.

5.However, this Court cannot sit as an authority to consider those disputed issues. It is needless to state that financial irregularities and misappropriation of Panchayat funds are to be dealt with appropriately by conducting an enquiry and by following the procedures as contemplated under the Tamil Nadu Panchayat Acts, 1994 and the Rules framed thereunder. 3/8

6.In view of the above, the second respondent is directed to look into the complaint filed by the petitioner and conduct an enquiry in the manner known to law, if not already conducted. In the event of any financial irregularities are found, all further actions shall be initiated. 7.At this juncture, the learned counsel appearing for the fifth respondent would submit that already enquiry has been conducted. If so, the District Collector shall verify its correctness and take an appropriate decision. 8.Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs.

[S.M.S.,J.] & [A.D.M.C.,J.] 24.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/8

To 1.The Director, Rural Development and Panchayat Raj Department, Panagal Maligai, 4th and 5th Floor, Abdul Razzak Street, Sidapet, Chennai, Tamil Nadu - 600 015.

2.The District Collector, Tenkasi District, Tenkasi.

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

4.The Block Development Officer (VP), Sankarankovil Panchayat Union, Sankarankovil Taluk, Tenkasi District.

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S.M.SUBRAMANIAM , J.

and DR.A.D.MARIA CLETE , J.

ps ORDER MADE IN DATED : 24.06.2025 6/8

S.M.SUBRAMANIAM, J.

AND DR.A.D.MARIA CLETE, J.

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] This matter is listed today under the caption 'for being mentioned'.

2. It is brought to the notice of this Court that in the prayer portion and in the opening paragraph of the order dated 24.06.2025, the date of representation of the petitioner has been wrongly typed as 30.01.2023 instead of "30.10.2023".

3. The said mistake stands corrected. Registry is directed to issue fresh order copy.

[S.M.S., J.] [A.D.M.C., J.] 16.07.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No abr 7/8

S.M.SUBRAMANIAM, J.

and DR.A.D.MARIA CLETE, J.

abr 16.07.2025 8/8