S.Marimuthu v. The Chief Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 18.06.2015 Coram:
The Honourable Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and The Honourable Mrs.Justice PUSHPA SATHYANARAYANA W.P.No.17224 of 2015 S.Marimuthu
...Petitioner
versus 1.The Chief Director Central Bureau of Investigation Plot No.5-B, CGO Complex, Lodhi Road, New Delhi 110 003.
2.The Chief Commissioner Central Vigilance Commission New Delhi 110003.
3The Chairman Railway Board of India, New Delhi 110001.
4.Joint Director and Head of Zone Central Bureau of Investigation III Floor, EVK Sampath Building College Road.
5.The General Manager, Southern Railway, Chennai 600003.
6.The Chief Works Manager Perambur Loco Works Chennai 600023.
7.The Inspector of Railway Police Force (RPF), Perambur Loco Works Chennai 600023.
8.Kanniah and General Secretary, Southern Railway Masdoor Union Chennai 600003.
9.The Home Secretary Fort St. George, Chennai -9.
10.The Commissioner of Police Vepery, Chennai 7.
11. The Inspector of Police K-7 Police Station, Chennai 38.
...Respondents
Petition filed under Article 226 of the Constitution of India praying for the issue of a writ of Mandamus, directing the first respondent to enquire the affidavit as well as the petitioner's petition dated 18.05.2015 and take appropriate action after submitted the report as per law, consequently the respondent No.9 to take legal action against the respondent No.10 not to take any action to arrest till date the accused of Kanthuvatti People and impose to the respondent No.10 for arrest the accused of Kanthuvatti people based on S.Chand Basha suicide letter dated 28.04.201. For Petitioner : Mr.S.Marimuthu (Party-in-person) For Respondents : Mr.P.T.Ramkumar Standing Counsel for Railways for R.3, R.5 to R.7.
O R D E R
(The Order of the Court was made by The Hon'ble The Chief Justice) There are broadly two grievances made by the petitioner in this Public Interest Litigation. First and the large material pertains to an alleged suicide committed by one S.Chand Basha, for which the petitioner wants investigation. Both are employed with the Railways. The second is a grievance against the SRMU General Secretary of the Railways.
2. The subject matter shows that it is really in the nature of some personal angst rather than a public issue. If the investigation has to be conducted in a case of suicide, the police will do that. Similarly, if a person is an elected representative, then he cannot be unseated by the PIL. Not only that, the allegations about the
alleged "Kandhu Vatti" business is also not supported by any material, which the petitioner himself admits.
3. We are of the view that the petitioner, if he is so desirous, can pursue appropriate remedies in respect of the grievances separately and everything cannot be clubbed to create a Public Interest Litigation.
4. The writ petition accordingly stands dismissed with the aforesaid liberty. No costs.
Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar ksr To 1.The Chief Director,Central Bureau of Investigation Plot No.5-B, CGO Complex, Lodhi Road, New Delhi 110 003.
2.The Chief Commissioner, Central Vigilance Commission, New Delhi 110003.
3The Chairman, Railway Board of India, New Delhi 110001.
4.Joint Director and Head of Zone, Central Bureau of Investigation III Floor, EVK Sampath Building, College Road.
5.The General Manager, Southern Railway, Chennai 600003.
6.The Chief Works Manager, Perambur Loco Works, Chennai 600023.
7.The Inspector of Railway Police Force (RPF), Perambur Loco Works Chennai 600023.
8.Kanniah and General Secretary, Southern Railway Masdoor Union Chennai 600003.
9.The Home Secretary, Fort St. George, Chennai -9.
10.The Commissioner of Police, Vepery, Chennai 7.
11.The Inspector of Police, 12.K-7 Police Station, Chennai 38.
2 CCs to Mr.S.Marimuthu (Party-in-person), SR.No. 29811 1 CC to the Government Pleader, SR.No. 29970 1 CC to Mr.P.T.Ramkumar, Advocate SR.No. 29939 W.P.No.17224 of 2015 NM (CO) PSI (23.06.2015)