C.R.Thirupathi Gounder v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.11.2020

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. No.14226 of 2020 C.R.Thirupathi Gounder, Hereditary Trustee of A/m. Mariamman Temple, Avadhanapatti Village, Agraharam Post, Krishnagiri Taluk and District.

...Petitioner

Vs

1. The Secretary to Government of Tamil Nadu, HR and CE Department, St.George Fort, Secretariat, Chennai -9.

2 The Commissioner, HR and CE Department, Uthamar Gandhi Salai, Nungambakkam, Chennai -34.

3 Natarajan, The Joint Commissioner, HR and CE Department, Salem.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to Writ of Mandamus directing the 1st and 2nd respondents to conduct enquiry and initiate criminal proceedings against the 3rd respondent with regard to the petitioners representation dated 15.07.2020 within a stipulated period fixed by this Honourable Court.

For Petitioner : Mr.C.Samivel For Respondents :

Mr.M.Karthikeyan, Special Government Pleader *********

O R D E R

The petitioner has sought a mandamus directing R1 and R2 to conduct enquiry and initiate criminal proceedings against R3 in regard to his representation dated 15.07.2020 within a fixed time frame.

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2. There is no acknowledgement of receipt of representation upon the officials of the HR&CE Department and the representation has been served only upon other Government officials.

3. When the matter had come up on 07.10.2020, the petitioner was directed to place the acknowledgement/proof of service of the representation on the contesting respondents. Learned counsel for the petitioner today states that the acknowledgement is not available. In such circumstances, there is no cause of action, particularly in the light of the fact that Mr.Karthikeyan appearing for the respondents confirms that the Department is not in receipt of the representation dated 15.07.2020.

4. Recording the aforesaid, this writ petition is dismissed. No costs. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar rkp/sl To 1.The Secretary to Government of Tamil Nadu, HR and CE Department, St.George Fort, Secretariat, Chennai -9.

2.The Commissioner, HR and CE Department, Uthamar Gandhi Salai, Nungambakkam, Chennai -34.

+1cc to Mr.C.Samivel, Advocate SR.37019 +1cc to the Spl.Government Pleader SR.36888 W.P. No.14226 of 2020 UM(CO) CB(11/01/2021) Page numbers https://hcservices.ecourts.gov.in/hcservices/