Retna Pandian v. The Principal Secretary To Governemnt

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Retna Pandian ..

Petitioner Vs.

1. The Principal Secretary to Government Department of Industries Fort St. George Chennai 600 009.

2. The Principal Secretary to Government Department of Revenue Fort St. George Chennai 600 009.

3. The Managing Director Tamil Nadu Cement Corporation Ltd. (TANCEM) 5A, Muthuramalinganar Salai Aavin Illam, Nandanam Chennai 600 035.

4. C.Kamaraj

5. H.R.Selvakumari ..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 1 and 2 to conduct enquiry on the rival acts of the fourth respondent Mr.C.Kamaraj, I.A.S., the former Managing Director of Tamil Nadu Cement Corporation (TANCEM) and the fifth respondent Mrs.H.R.Selvakumari, the General Manager (Marketing) of Tamil Nadu Cement Corporation and punish the evil doer based on the representation dated 17.08.2023 sent by the petitioner to the respondents.

For the Petitioner : Mr.P.T.Perumal For the Respondents : Mr.A.Edwin Prabakar State Government Pleader Assisted by Mr.P.Harish Government Advocate for Respondents 1 and 2

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.P.T.Perumal, learned counsel for the petitioner and Mr.A.Edwin Prabakar, learned State Government Pleader, assisted by Mr.P.Harish, learned Government Advocate for the respondents 1 and 2.

2. It is only on the basis of the surmise, the present writ petition seems to have been filed. The fifth respondent was appointed as the Enquiry Officer to enquire about the acts of one Mr.Kannan. The enquiry report was submitted. The fourth respondent is the highest officer. As he did not concur with the enquiry report, again re-enquiry is ordered. On that ground, the petition is filed to enquire against the respondents 4 and 5. The same is bereft of relevant materials. When the fifth respondent had given a report indicting a delinquent, we fail to understand why an enquiry is sought against the fifth respondent.

3. We cannot encourage such petition.

4. In the light of that, the writ petition is dismissed. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 20.02.2024 Index :

Yes/No :

Yes/No kpl

To

1. The Principal Secretary to Government Department of Industries Fort St. George Chennai 600 009.

2. The Principal Secretary to Government Department of Revenue Fort St. George Chennai 600 009.

3. The Managing Director Tamil Nadu Cement Corporation Ltd. (TANCEM) 5A, Muthuramalinganar Salai Aavin Illam, Nandanam Chennai 600 035.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J (kpl) 20.02.2024