1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.02.2011 CORAM: THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR AND THE HONOURABLE MR.JUSTICE R.SUBBIAH W.A.(MD).No.198 of 2011 S.Selvamani, Panchayat President, Thirupalai Kudi Panchayat, R.S.Mangalam Union, Ramanathapuram District. : Appellant/Petitioner Vs. 1.The District Collector, Ramanathapuram District, Ramanathapuram. 2.The Block Development Officer, R.S.Mangalam Union, Ramanathapuram District. 3.S.Manickam, S/o.Santhiyagu, Panchayat Clerk, South Street, Thirupalai Kudi, Ramanathapuram District. : Respondents/Respondents PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 19.08.2010 made in W.P.(MD).No.11905 of 2009 on the file of this Court, Petition under Article 226 of the constitution of India, to issue a writ of certiorari calling for the recards relating to the order passed by the 1st Respondent in e/fh/gp/2/3792/2009, dated 09.11.2009 and quash the same. For Appellant : Mr.G.Thalaimutharasu For Respondents 1&2 : Mr.R.Janakiramalu Special Government Pleader For Respondent 3 : Mr.M.Ajmal Khan JUDGMENT [Judgment of the Court was delivered BY N.PAUL VASANTHAKUMAR, J] This Writ Appeal is filed by the Panchayat President, Thirupalai Kudi Panchayat, R.S.Mangalam Union, Ramanathapuram District, questioning the order dated 19.08.2010 made in W.P.(MD).No.11905 of 2009 passed by a learned Single Judge ordering payment of subsistence allowance to the third respondent herein. 2. The third respondent was suspended from service on 29.01.2009 by the appellant herein on certain allegations. Even though in the order of https://hcservices.ecourts.gov.in/hcservices/ 2 suspension dated 29.01.2009, it is not stated that the third respondent is entitled to subsistence allowance, the Tamil Nadu Payment of Subsistence Allowance Act, 1981, is applicable to the appellant panchayat, and therefore, the third respondent is bound to get subsistence allowance so long as he is kept under suspension. The learned Single Judge has considered the said aspect and passed the order directing the petitioner to pay subsistence allowance to the third respondent. The operative portion of the order dated 19.08.2010 made in W.P.(MD).No.11905 of 2009 reads thus:- 10. It is submitted by the learned counsel for the third respondent that the third respondent was placed under suspension for the past eighteen months and during the suspension period, the petitioner has not paid the subsistence allowance. The learned counsel for the petitioner submitted that subsistence allowance will be paid to him. Recording the submissions made by Mr.Subash Babu, the petitioner is directed to pay subsistence allowance to the third respondent within a period of two weeks from the date of receipt of a copy of this order." 3. On a perusal of the order of the learned Single Judge, it is seen that the learned counsel appearing for the appellant has made a submission before the learned Single Judge to the effect that the subsistence allowance will be paid to the third respondent within a period of two weeks from the date of receipt of a copy of the order. Having made such a submission before the learned Single Judge, it is not open to the appellant to contend that the third respondent is not entitled to subsistence allowance. 4. Taking into consideration the said submission made by the learned counsel for the appellant before the learned Single Judge and having regard to the fact that the Tamil Nadu Payment of Subsistence Allowance Act, 1981, is applicable to the appellant panchayat, in our considered view, the Writ Appeal is not maintainable. 5. In the result, the Writ Appeal is dismissed and the order dated 19.08.2010 made in W.P.(MD).No.11905 of 2009 is confirmed. The appellant is directed to implement the order of the learned Single Judge within a period of two weeks from today. No costs. Sd/- Assistant Registrar (P&A) /True copy/ Sub Assistant Registrar To 1.The District Collector, Ramanathapuram District, Ramanathapuram. 2.The Block Development Officer, R.S.Mangalam Union, Ramanathapuram District. +1cc to Mr.M.Ajmal Khan, Advocate, SR.8698 NB : SR : 25.02.2011 : 2p/4c JUDGMENT MADE IN W.A.(MD).No.198 of 2011 14.02.2011 https://hcservices.ecourts.gov.in/hcservices/