Writ appeal against restraint on a Panchayat President from functioning pending a vigilance trap case. The Division Bench upheld Section 230(2) of the Tamil Nadu Panchayats Act, 1994 as the basis for the restraint order and dismissed the appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
2025:MHC:1188
WA No. 3227 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01-04-2025
CORAM
THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
WA No. 3227 of 2024
AND
CMP Nos. 24962 & 24961 of 2024
S.Venda
Appellant(s)
Vs
1.The Director / Commissioner Of Rural Development Panagal Building, 15, Jeenis Road, Saidapet, Chennai 15.
2.The Inspector of Panchayat / District Collector Collector Office, Kancheepuram.
3.The Assistant Director (Panchayats), Kancheepuram.
4.The Block Development Officer Iyyengarkulam Panchayat, Kancheepuram.
WA No. 3227 of 2024
Respondent(s)
WA No. 3227 of 2024
PRAYER
To set aside the Order passed in WP No. 5489 of 2024 dated 10.07.2024 by allowing the present WA
WA No. 3227 of 2024
For Appellant(s): Mr.K.Suthan
For Respondent(s): M/s.E.Veda Bagath Singh SGP For R1 to 4
JUDGMENT
(Judgment was delivered by S.M.Subramaniam J.)
The Intra-Court Appeal has been instituted challenging the writ order
dated 10.07.2024 in W.P.No.5489 of 2024. The writ petitioner is the appellant
before this Court.
31.01.2024 restraining the writ petitioner as president of the Panchayat from
functioning as President until the disposal of the criminal case registered against
him. Admittedly, the Department of Vigilance and Anti-Corruption registered a
criminal case against the petitioner and the said case is pending. It is a trap case
WA No. 3227 of 2024
and the petitioner was arrested, remanded to judicial custody and subsequently
released on bail.
“When according previous sanction under Sub-Section (1), it shall be open to
the Government to direct by order that the President, Executive Authority,
Chairman, Vice Chairman or Commissioner or the [Secretary], as the case may
be, shall not discharge his duties as such until the disposal of the case” .
the writ proceedings was passed and therefore, the Writ Court was right in dismissing the writ petition. This Court do not find any infirmity in respect of
the order impugned. Consequently, the Writ Appeal stands dismissed. No costs.
The connected Miscellaneous Petitions are closed.
(S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.)
01-04-2025
Jeni
Index:Yes/No
WA No. 3227 of 2024
Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No
WA No. 3227 of 2024
To
1.The Director / Commissioner Of Rural Development Panagal Building, 15, Jeenis Road, Saidapet, Chennai 15.
2.The Inspector of Panchayat / District Collector Collector Office, Kancheepuram.
3.The Assistant Director (Panchayats), Kancheepuram.
4.The Block Development Officer Iyyengarkulam Panchayat, Kancheepuram.
WA No. 3227 of 2024
S.M.SUBRAMANIAM J.
AND K.RAJASEKAR J.
Jeni
WA No. 3227 of 2024
01-04-2025
1 issue framed by the court
Whether a Panchayat President facing an pending DVAC trap case could be restrained from discharging duties under Section 230(2) of the Tamil Nadu Panchayats Act, 1994.
1 provisions across 1 enactments
S.Venda
The Director / Commissioner Of Rural Development, Chennai
The Inspector of Panchayat / District Collector, Kancheepuram
The Assistant Director (Panchayats), Kancheepuram
The Block Development Officer Iyyengarkulam Panchayat, Kancheepuram
S. M. Subramaniam
K.Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
