S.Deena Dayalan v. the District Collector and

Madras HC9 Jul 2026WP/4290/2025

Case brief

AI extract

What is this about?

Certiorari writ allowed; show cause notice dated 31.01.2025 (Na.Ka.A1/0192/2025) issued by Assistant Director of Panchayats purportedly for District Collector/Inspector of Panchayats under Section 208, Tamil Nadu Panchayats Act 1994, held void for want of statutory authority and competence; follows Division Bench ruling in W.A.No.2572 of 2024 (03.12.2025); notice set aside with liberty to issue fresh Section 208 notice; no costs; Nemili Panchayat Union, Ranipet.

What did the court decide?

Writ petition allowed; impugned show cause notice dated 31.01.2025 set aside; liberty reserved to the competent authority to issue a fresh show cause notice strictly in accordance with Section 208 of the Tamil Nadu Panchayats Act, 1994; no order as to costs; connected miscellaneous petitions closed. ¶37-38

S.Deena Dayalan Vs the District Collector and — Writ and Judicial Review | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Assistant Director of Panchayats had statutory authority or competence to issue the show cause notice dated 31.01.2025 under Section 208 of the Tamil Nadu Panchayats Act, 1994.

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Court's answer

In view of Section 208 of the Tamil Nadu Panchayats Act, 1994 and the authoritative pronouncement of the Division Bench in W.A.No.2572 of 2024, the impugned show cause notice issued by the Assistant Director of Panchayats lacks statutory authority and competence.

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Ratio / Principle

The impugned show cause notice dated 31.01.2025 is set aside, while liberty is reserved to the competent authority to issue a fresh show cause notice strictly in accordance with Section 208 of the Act.

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Detailed headnote1 paragraphs

Madras High Court (Hemant Chandangoudar, J.) allowed W.P.No.4290 of 2025, a writ of certiorari under Article 226 challenging the show cause notice in proceedings Na.Ka.A1/0192/2025 dated 31.01.2025, issued by the Assistant Director of Panchayats purportedly on behalf of the District Collector and Inspector of Panchayats under Section 208 of the Tamil Nadu Panchayats Act, 1994. Following the Division Bench decision in W.A.No.2572 of 2024 (decided 03.12.2025), wherein the State could produce no notification empowering the Assistant Director of Panchayats to discharge the Inspector's functions, the Assistant Director was held not of a rank equivalent to the District Collector, and the Collector's mere signature on the notice was held not to cure the defect, the single Judge held that the impugned notice lacked statutory authority and competence, set it aside, and reserved liberty to the competent authority to issue a fresh show cause notice strictly in accordance with Section 208. No order as to costs; connected miscellaneous petitions closed.

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W.P.No.4290 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.07.2026

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CORAM

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THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR

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W.P.No.4290 of 2025

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and WMP.Nos.4795 & 8548 of 2025

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S.Deena Dayalan Vice-Chairman, Nemili Panchayat Union, Nemili and Post, Ranipet District.

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Petitioner(s)

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1.The District Collector and Inspector of Panchayats Ranipet District, Ranipet.

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2.The Commissioner

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Nemili Panchayat Union, Nemili and Post, Ranipet District.

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3.The Thasildhar

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Nemili Taluk, Ranipet District.

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4.N.Dasaprakash The Commissioner Nemili Panchayat Union, Nemili and Post, Ranipet District.

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5.Vadivelu

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Chairman, Nemili Panchayat Union, Nemili and Post, Ranipet District.

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https://www.mhc.tn.gov.in/judis

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W.P.No.4290 of 2025 Respondent(s) Prayer: This Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records of the 1^st respondent pertaining to the proceedings in Na.Ka.A1/0192/2025 dated 31.01.2025 and quash the same.

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For Petitioner : Mr.S.Kamadevan For Respondents : Mr.C.Prabakaran for R1 to R3 Government Advocate Mr.J.Melwin Jabaz for R4 R5-No appearance

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ORDER

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The petitioner challenges the show cause notice dated 31.01.2025 issued

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by the Assistant Director of Panchayats, purportedly on behalf of the first respondent, under Section 208 of the Tamil Nadu Panchayats Act, 1994, alleging misconduct and calling upon the petitioner to submit his explanation as to why action should not be initiated under Section 208(1) of the Act.

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2. The petitioner contends that the Assistant Director of Panchayats has

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no statutory authority or competence to issue the impugned show cause notice. It is therefore submitted that the petitioner need not submit a reply to a notice issued by an incompetent authority and that the present writ petition is maintainable.

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https://www.mhc.tn.gov.in/judis

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W.P.No.4290 of 2025

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3. Learned State Counsel submitted that the impugned show cause notice was issued by the Assistant Director of Panchayats on the instructions of the first respondent. It was further submitted that no prejudice has been caused to the petitioner and that the notice has been issued strictly in accordance with Section 208 of the Tamil Nadu Panchayats Act, 1994.

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4. I have heard the learned counsel appearing for the parties.

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5. An identical issue came up for consideration before the Division Bench of this Court in W.A.No.2572 of 2024, which was decided on 03.12.2025. The Division Bench held that the State was unable to produce any notification issued by the Government empowering the Assistant Director of Panchayats to discharge the functions of the Inspector under the Act. It was further held that the Assistant Director of Panchayats is not of a rank equivalent to that of the District Collector and, therefore, no such notification could have been issued. The Division Bench also rejected the contention of the State that the defect stood cured merely because the show cause notice had been signed by the District Collector.

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https://www.mhc.tn.gov.in/judis

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W.P.No.4290 of 2025

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6. In view of the provisions of Section 208 of the Tamil Nadu Panchayats

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Act, 1994, and the authoritative pronouncement of the Division Bench, the impugned show cause notice issued by the Assistant Director of Panchayats lacks statutory authority and competence. Accordingly, the impugned show cause notice dated 31.01.2025 is set aside, while reserving liberty to the competent authority to issue a fresh show cause notice strictly in accordance with Section 208 of the Act.

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7. Accordingly, this Writ Petition is allowed. There shall be no order as to

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costs. Consequently, the connected miscellaneous petitions are closed.

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09.07.2026

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Index : Yes/No Speaking order : Yes/No dna

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https://www.mhc.tn.gov.in/judis