Traffic Dr.K.Ramaswamy v. The Home Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.02.2019
CORAM:
THE HON'BLE MR.JUSTICE S.MANIKUMAR AND THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD WP.No.3520 of 2019 Traffic Dr.K.R.Ramaswamy ... Petitioner in person vs.
1. The Home Secretary, Department of Home Affairs, Fort St. George, Chennai - 600 009.
2. The Secretary, Department of Municipal Administration, Fort St. George, Chennai - 600 009.
3. The Commissioner, Corporation of Coimbatore, Coimbatore - 641 001.
4. Commissioner of Police, Coimbatore City, Coimbatore - 641 018.
5. Coordinators, All India Anna Dravida Munnetra Kazhagam, Chennai - 600 014.
... Respondents WRIT Petition filed under Article 226 of the Constitution of India, praying for the issuance of a writ of mandamus, directing the respondents to consider the representation / complaint under MISC/30/2019 dated 02.02.2019 and take action against concerned officials, who are involving illegal activities and openly supporting banner erectors helping them to violate the Hon'ble Court order dated 19.12.2018 and for negligence of their duty preventing un authorized banner erection at Coimbatore city also take action against the banner erectors at above mentioned place on 02.02.2019.
For Petitioner : Traffic Dr.K.R.Ramaswamy Petitioner-in-person For Respondents: Mr.E.Manoharan, (for R1 to R4) Additional Government Pleader
ORDER
(Order of the Court was made by S.MANIKUMAR, J) Contending inter alia that the order of this Court made in W.P.No.33819 of 2018 dated 19.12.2018, is being flouted and that the writ petitioner has been threatened, a representation / complaint dated 02.02.2019, is stated to have been submitted to the respondents. However, contending that no action is taken on the representation, party-in-person has filed the instant writ petition, for a mandamus.
2. We have heard Traffic Dr.K.R.Ramaswamy, party-in-person and perused the materials available on record.
3. At the outset, we wish to state that if an order passed by a Court is violated, course open to the petitioner, is to file a contempt petition. Secondly, if there is any threat to the writ petitioner, course open to him is to lodge a complaint with the concerned jurisdictional police. If said complaint is not acted upon, Code of Criminal Procedure, 1973, enables the aggrieved to file a private complaint. There is adequate alternative remedy. Further, representation of the writ petitioner dated 02.02.2019 would not give him a cause to seek for a mandamus.
4. With the above observations, prayer sought for is declined. Writ petition is dismissed. No costs. s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar ars To
1. The Home Secretary, Department of Home Affairs, Fort St. George, Chennai - 600 009.
2. The Secretary, Department of Municipal Administration, Fort St. George, Chennai - 600 009.
3. The Commissioner, Corporation of Coimbatore, Coimbatore - 641 001.
4. Commissioner of Police, Coimbatore City, Coimbatore - 641 018.
+1 CC to Govt. Pleader sr 10545.
WP.No.3520 of 2019 KJ(CO) SP(14/03/2019)