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2026 DAILYLAW 56096 (MAD)

The Panchayat President v. P.Balaji

CRP/3963/2026 · 2026-07-24

P B Balaji

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRP Nos. 3963 and 3966 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-07-2026 CORAM THE HON'BLE MR.JUSTICE P.B. BALAJI CRP Nos. 3963 of 2026 and 3966 of 2026 and CMP Nos.17363 and 17370 1. The Panchayat President Alapakkam Panchayat, Thirukkazhukundram, G.S.T. Road, Alapakkam, Chengalpattu Taluk 603 001. 2. The Block Development Officer Kattankulathur Panchayat Union, Kattankulathur Post, Chengalpattu Taluk 603 203. ..Petitioner(s) in both revision petition Vs P.Balaji, S/o. Pannerselvam, No.222/2, Kannadasamy ST, Venpakkam, Chengalpattu Dt. ..Respondent(s) in CRP No.3963 of 2026 K.Chandrasekaran, s/o Kesavan No.285, Nethaji nagar, Alapakkam panchayat, Chengalpattu Taluk Chengalpattu District. Respondent(s) in CRP no.3966 of 2026 Prayer in CRP No.3963 of 2026: Civil Revision petition is filed under Section 115 of CPC to set aside the Exparte attachment order dated 10.04.2026 and all further subsequent order passed in EP No.27 of 2025 in CP No.18 of 2023 on the file of Labour Court, Kancheepuram by allowing the present CRP. __________ Page1 of 6 https://www.mhc.tn.gov.in/judis CRP Nos. 3963 and 3966 of 2026 Prayer in CRP No.3966 of 2026: Civil Revision petition is filed under Section 115 of CPC to set aside the Exparte attachment order dated 10.04.2026 and all further subsequent order passed in EP No.26 of 2025 in CP No.17 of 2023 on the file of Labour Court, Kancheepuram by allowing the present CRP. In both civil revision petitions For Petitioner(s): Mr. U.Baranidharan For Respondent(s): Mr.P.R.Thiruneelakandan COMMON ORDER Both the Civil Revision petitions have been filed challenging the exparte attachment order dated 10.04.2026 and also the subsequent orders passed in EP Nos. 26 and 27 of 2025 in CP No.17 and 18 of 2023 on the file of Labour Court, Kancheepuram. 2. The respondents in both civil revision petitions have filed C.P.Nos.17 and 18 of 2023 before the Labour Court seeking minimum wages plus D.A. under G.O.(2D) No.62, dated 11.10.2017 for their services rendered as Pump Operators in their respective panchayats. The Labour Court, vide order dated 09.04.2025, has awarded payment, as calculated in the respective petitions and directed the petitioner to pay the award amount along with interest. Subsequently, the respondents have filed execution petitions to execute the above said award, wherein, the executing court ordered attachment, and the __________ Page2 of 6 https://www.mhc.tn.gov.in/judis CRP Nos. 3963 and 3966 of 2026 same are impugned herein. 3. I heard Mr.U.Baranidharan, learned counsel for the petitioner and Mr.P.R.Thiruneelakandan, learned counsel for the respondent. 4. The petitioners herein, already filed writ petitions in W.P.No.23275 of 2026 and W.P.No.23281 of 2023 seeking to set aside the award passed by the Labour Court dated 09.04.2025 in C.P.Nos.17 and 18 of 2023 and the same are pending. This matter was heard elaborately on 10.07.2026 and in order to give one opportunity to the petitioners to obtain favourable orders in the above said writ petitions, which were stated to be coming up on 20.07.2026, I adjourned the matter, recording the fair submission of the learned counsel for the respondents that he would not take any forcible steps in the execution petitions, till the next hearing date. 5. Today, the learned counsel for the petitioners states that the writ petitions were listed on 20.07.2026 and now stands posted to 05.08.2026 for final hearing. 6. Admittedly, no interim order has been passed in the said writ petitions, in so far as the present pending execution petitions are concerned. As rightly contended by Mr.P.R.Thiruneelakandan, counsel for the respondents, if at all __________ Page3 of 6 https://www.mhc.tn.gov.in/judis CRP Nos. 3963 and 3966 of 2026 the petitioners succeed in challenging the award in the writ proceedings, they may be able to stall the execution proceedings and not otherwise. In any event, it is his submission that, admittedly in the writ petitions, there is no interim orders and what the petitioners could not achieve before the writ court, they have now sought to achieve by way of the revision petitions, challenging the order of attachment, validly passed by the executing court. 7. As there is no interim protection to the petitioners in the pending writ petitions, I am unable to countenance the submission of the learned counsel for the petitioners that the order of attachment is without jurisdiction and consequently liable to be set aside. Mr.P.R.Thiruneelakandan, learned counsel for the respondents also brought to my notice that even in the writ petitions, he has given undertaking that the execution proceedings will not be precipitated until 05.08.2026. In view of the above, I do not see any purpose in keeping the revision pending any further. The interest of the petitioners will have to be protected in the writ petitions, challenging the award of the labour court and not by way of challenge to the order of attachment passed by the executing court, which cannot be found fault with, in the above referred circumstances. Therefore, it is for the petitioners to obtain suitable orders in the writ court. Since Mr.P.R.Thiruneelakandan, learned counsel for the respondent has already given undertaking that subject to the out come of the hearing on 05.08.2026, the respondents would be entitled to proceed or not proceed with the execution __________ Page4 of 6 https://www.mhc.tn.gov.in/judis CRP Nos. 3963 and 3966 of 2026 petitions, I see no useful purpose in keeping the revisions on file. As already found, there is no error committed by the executing court in ordering attachment of the properties of the petitioners as well. 8. Accordingly, both the civil revision petitions are dismissed. There shall be no order as to costs. Connected miscellaneous petitions are closed. 24-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MST To The Labour Court, Kancheepuram. __________ Page5 of 6 https://www.mhc.tn.gov.in/judis CRP Nos. 3963 and 3966 of 2026 P.B.BALAJI, J. MST CRP Nos. 3963 and 3966 of 2026 24-07-2026 __________ Page6 of 6 https://www.mhc.tn.gov.in/judis