Allirani v. The Director of Agriculture

O R D E R This writ petition has been filed seeking a writ of certiorarified mandamus calling for the records in respect of the proceedings bearing Aanai No.K4/7767/2020, dated 15.12.2025, issued by the second respondent, to quash the same as illegal and consequently, to direct the respondents to refund the amount, which was recovered from the petitioner, with interest.

¶2A perusal of the impugned proceedings would disclose that the petitioner was made liable for a sum of Rs.4,02,920/- and the said amount was sought to be recovered from the salary of the petitioner in ten monthly installments commencing from the month of December, 2025, i.e., a sum of Rs.42,920/- being the first installment and a sum of Rs.40,000/- per month being the rest of nine installments. The said proceedings has been assailed by the petitioner mainly on the ground that no opportunity was afforded to the petitioner before fixing such liability against her.

¶3This Court having taken note of the said contention and on being prima facie convinced that there was no reference of any such opportunity being granted to the petitioner, passed an interim order on

29.04.2026 staying recovery of the amount.

¶4In response to the notice issued by this Court, the respondents filed their counter-affidavit denying the contention of the petitioner that no opportunity was afforded to her. It is further contended that the records would clearly establish that explanations were in fact called for from the departmental authorities. It is also further contended that vide Letter No.K4/7767/2020, dated 03.12.2021 and Letter No.K4/7767/2020, dated

07.03.2012, were also issued to the Assistant Director of Agriculture, Seydunganallur, calling for detailed explanation and connected records regarding the audit objections and also the loss caused to the government property. A copies thereof were also furnished to the petitioner and therefore, the petitioner is fully aware of the audit proceedings.

¶5Except stating that explanation was called from the Assistant Director of Agriculture, there is nothing on record in the counter-affidavit filed by the respondents to show that the petitioner was ever put on notice nor an opportunity was afforded to her to show cause as to why she should not be made liable for an amount of Rs.4,02,920/- and the said amount should not be recovered from the petitioner. A copy of the letter dated 03.12.2021 sent by the Joint Director of Agriculture, Thoothukudi, to the Assistant Director of Agriculture, Seithunganallur, is also placed before this Court. A perusal of the same also does not indicate anything to say that the petitioner herein was afforded with any opportunity before making her liable for the said sum of Rs.4,02,920/-. In the said circumstances, without going into the other aspects of the matter, this Court is convinced that the impugned proceedings cannot be sustained for want of compliance of the principles of natural justice.

¶6Accordingly, the impugned proceedings dated 15.12.2025, issued by the second respondent, is hereby quashed leaving it open to the respondents to take appropriate action in accordance with law.

¶7With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

21.07.2026 NCC : Index : Internet :

krk To:

1.The Director of Agriculture, Directorate of Agriculture, PWD Estate, Chepauk, Chennai.

2.The Joint Director of Agriculture, Collectrate Complex, Korampallam Post, Thoothukudi District.

3.The District Collector, Thoothukudi District, Thoothukudi.

4.The Regional Joint Director, Department of State Audit, Thoothukudi District, Thoothukudi. MUMMINENI-SUDHEER-KUMAR,-J. krk W.P.(MD)-No.13283-of-2026 and W.M.P.(MD)-Nos.13283-&-15250-of-2026

21.07.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2026 CORAM: THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.(MD) Nos.9904 & 15250 of 2026 Allirani ... Petitioner -vs- 1.The Director of Agriculture Directorate of Agriculture PWD Estate, Chepauk, Chennai 2.The Joint Director of Agriculture Collectrate Complex Korampallam Post Thoothukudi District 3.The District Collector Thoothukudi District Thoothukudi 4.The Regional Joint Director Department of State Audit Thoothukudi District Thoothukudi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorarified mandamus calling for the records in respect of the impugned order passed in Aanai No.K4/7767/2020, dated 15.12.2025, by the second respondent and quash the same as illegal, consequently, direct the respondents to refund the amount which recovered from the petitioner with interest. For Petitioner : Mr.J.Velmurugan For Respondents : Mr.M.Dinesh Hari Sudarsan Counsel for the Government of Tamil Nadu