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Madras High CourtWP(MD)/34842/2025dismissed

V.Alagammal v. The District Collector

2025-12-01Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI V.Alagammal ... Petitioner Vs 1.The District Collector, Collector Office, Madurai District.

2.The Sub Collector / Revenue Divisional Officer, Usilampatti Sub Division, Madurai District.

3.The Tahsildar, Peraiyur Taluk, Madurai District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the second respondent to take necessary action to conclude the enquiry with regard to the proceedings in Na.Ka.No.324/2025/A1, pending on his file, by following the Principles of natural Justice, within stipulated time that may be fixed by this Court. 1/5

For Petitioner : Mr.S.Ayyanar Prem Kumar, For Respondents : Mr.C.Venkatesh Kumar Special Government Pleader

O R D E R

The petitioner with a grievance that one Pandi S/o Konaiyan, a Village Assistant of Alumalai Village, Peraiyur Taluk, Madurai, by misusing his official capacity has obtained patta in his name for the property in S.No.545/7C, to an extent of 0.12.00 Ares, has filed this writ petition, seeking a Mandamus, to direct the second respondent to conclude the enquiry proceedings contemplated as against the said Pandi, in Na.Ka.No.324/2025/A1. 2.By consent of both the parties, this writ petition is taken up for final disposal at the stage of admission itself. 3.Mr.C.Venkatesh Kumar, learned Special Government Pleader, who takes notice for the respondents submits that this petitioner is a third party to the proceedings and therefore, this writ petition is not maintainable.

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4.In identical circumstances, this Court had dealt with the issue as to the rights of the third parties to seek for departmental action/to conclude the enquiry proceedings as against the Government employee, wherein, it has been held that the decision to initiate such departmental proceedings lies within the scope and authority of the concerned disciplinary authority and it is not for the third parties to seek to invoke Article 226 of the Constitution of India for the purpose of directing the authorities to initiate such action. In the present case on hand, the petitioner is a third party to the proceedings and therefore, she is not having any legal right to seek for a direction to conclude the proceedings, which is pending as against the said Pandi/Village Assistant.

5.In view of the above, this writ petition is dismissed. No costs.

01.12.2025 NCC: Yes/No Index:Yes/No Internet:Yes vrn 3/5

To 1.The District Collector, Collector Office, Madurai District.

2.The Sub Collector / Revenue Divisional Officer, Usilampatti Sub Division, Madurai District.

3.The Tahsildar, Peraiyur Taluk, Madurai District.

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B.PUGALENDHI, J.

vrn Order made in 01.12.2025 5/5