S.Mani v. District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 15.04.2025 Coram:

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Mani, S/o.Thailappakgounder, Old No.5/115, New No.9/58, Kamaneri Kattu Valavu, Kamaneri, Oliapatti, Salem 636455.

... Petitioner /versus/

1. The District Collector, 1st Floor, Office of The District Collectorate, Salem 636 001.

2. Education Officer, District Education Department, School Education Department, Tamil Nadu Government, Edapadi, Salem.

3.Government High School, Represented by the Principal, Konur, Salem District.

4.Mr.Dhanraj, S/o. Gopal, No. 21/258, Kaliammankovil, Mastri Quarters, Metur 636401.

... Respondents 1/5

Writ Petition has been filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioners representation dated 05.03.2025 and consequently initiate departmental enquiry against the 4th respondent.

For Petitioner :Mr.M.Rajeswaran.

For Respondents :Mr.R.Balamurugan, Government Advocate, for R1

O R D E R

The prayer in the writ petition is for a mandamus to consider the petitioner's representation dated 05.03.2025.

2. Upon hearing the Learned Counsel for the petitioner and perusing the affidavit filed in support of the writ petition as well as the representation, it can be seen that the 4th respondent is working as a Teacher in the Government High School, Konur Salem. While so, it is the allegation of the petitioner that he trespassed into the petitioner's property. In that regard, already a criminal case is registered in Crime No.401 of 2023, for alleged offences under Section 447, 427, 294(b), 323, 324 and 506 (2) of I.P.C and the same is said to be under 2/5

investigation till date. Therefore, the petitioner has brought the same to the notice of the authorities for taking disciplinary action as against the 4th respondent. It has already been held by this Court that to initiate disciplinary action is within the domain of the disciplinary authority and merely because, the petitioner has made a representation that does not give a concombitant right to insist that disciplinary proceedings should be taken. It is for the respondents 1 to 3 to take note of the said conduct and initiate disciplinary proceedings if they choose to in accordance with the rules.

3. In view thereof, the Mandamus as such prayed for in the writ petition cannot be granted. The writ petition stands disposed of. No costs. 15.04.2025 bsm To, 1.The District Collector, 1st Floor, Office of The District Collectorate, Salem 636 001.

3/5

2.Education Officer, District Education Department, School Education Department, Tamil Nadu Government, Edapadi, Salem.

3. The Principal, Government High School, Konur, Salem District.

4. The Government Pleader, High Court, Madras. 4/5

D.BHARATHA CHAKRAVARTHY,J.

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