Madras High CourtWP/12401/2021dismissed

J.Leena Josiah v. The Chief Secretary

2021-06-07Honourable Mr Justice V. Parthiban4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2021

CORAM

THE HONOURABLE THIRU JUSTICE V. PARTHIBAN W.P.No.12401 of 2021 and W.M.P.Nos.13181, 13183 & 13184 of 2021

1. Mrs.J.Leena Josiah, Age 76, W/o.Mr.Josiah, Tamil Nadu Private Drivers Wives Association reg No.205/1987 (Founder and President), Plot No.246, Survey No.405/8A4, Devaraj Nagar Main Road, Okkiyam Thoraipakkam, Chennai - 600 097.

2. Mrs.S.Sreeja, Age 36, Tamil Nadu Private Drivers Wives Association reg No.205/1987 (Treasurer), Plot No.246, Survey No.405/8A4, Devaraj Nagar Main Road, Okkiyam Thoraipakkam, Chennai - 600 097.

... Petitioners Vs.

1. State of Tamil Nadu, Rep.by its Chief Secretary, Chief Secretary Office Government of Tamil Nadu,

2. The Chief Election Commissioner State of Tamil Nadu, No.208/2, Jawaharlal Nehru Road, Arumbakkam, Chennai - 600 106.

3. The Ministry of Health and Family Welfare State of Tamil Nadu,

4. The Director General of Police, Director General of Police Office, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

5. The Commissioner of Police, Greater Chennai Police Commissioner Office, Vepery, Chennai - 600 007.

6. The Deputy Commissioner of Police, The Deputy Commissioner of Police Office, Adyar, Chennai - 600 020.

7. The District Collector of Chennai, District Collector Office, Singaravelan Maligai, Rajaji Salai, Chennai - 600 001.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for a) issuance of Writ of Mandamus, directing the 1 to 3 respondents to investigate the petitioner's complaint dated 26.04.2021 and pass orders as it may deem fit and proper in the circumstances of the case within a specified period and; b) Direct the 4th to 7th respondent to give compensation Rs.10,15,900/- to the petitioner in view of unlawfull demolition of the petitioner's superstructure on 26.04.2021 on the schedule property.

c) Pass such further or other orders as this Hon'ble Court may deem fit under the facts and circumstances of the present case.

For Petitioners : Mr.B.Sundar For Respondents : Mr.John Raja Singh Government Advocate

ORDER

This writ petition is filed by one Mrs.J.Leena Josiah, the first petitioner herein who claims herself to be a founder and President of Tamil Nadu Private Drivers Wives Association. According to the petitioners, the Association appears to be aggrieved by demolition of Association property and in that regard, complaints have been preferred to the Authority concerned. The complaints in fact are against the State Authorities and direction sought by the petitioners is also to the State Authority.

2. The averments that contained in the affidavit filed in support of the writ petition are completely jumbled up and disjointed and do not disclose any specific cause of action nor

does it disclose any legal sense for this Court to entertain the writ petition.

3. This Court is also unable to understand what is the locus standi of the petitioners and what is the illegal action of the State Authorities against whom complaints were sought to be made. According to this Court, the facts are completely incoherent and on the basis of such averments, this Court cannot issue any writ as prayed for by the petitioners.

4. Moreover, several unconnected facts have been stated and there cannot be any blanket direction to deal with the cocktail of facts mentioned by the petitioner and in case, the petitioners are truly aggrieved by any particular action of the State Authority, it is always open to them to resort to a remedy in a manner known to law. But it is certainly not open to the petitioners to invoke the extraordinary remedy of issuance of writ of mandamus for the redressal of multiple grievances of the petitioners in one writ petition. This Court, even otherwise, is not convinced that it can intervene in the petitioners' cause on the basis of the incoherent, self serving averments and is therefore, not inclined to entertain the writ petition.

5. Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar pns/sni To

1. The Chief Secretary, State of Tamil Nadu, Chief Secretary Office Government of Tamil Nadu,

2. The Chief Election Commissioner State of Tamil Nadu, No.208/2, Jawaharlal Nehru Road,

Arumbakkam, Chennai - 600 106.