N.Alexander Joseph v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.06.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH WP.No.19931 of 2016 N.Alexander Joseph ... Petitioner Vs 1.The District Collector, Salem.

2.The Superintendent of Police, Salem.

3.The Inspector of Police, Attur Police Station, Attur Taluk, Salem District.

4.Vigila Chandrasekar 5.Chandrasekaran 6.John Sundraraj 7.J.Jabaraj 8.Immuanuval Devakumar 9.Indrani Manoharalal ... Respondents Writ petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the 3rd respondent to consider the petitioner's representation dated 07.06.2016 and register the case against respondents 4 to 9. For Petitioner : Mr.A.Rajakumar For R1 : Mr.P.Sanjay Gandhi, AGP For R2 & R3 : Mr.C.Emalias, APP For R4 to R9 : Mr.S.Bharathirajan

O R D E R

This petition has been filed to direct the 3rd respondent to consider the petitioner's representation dated 07.06.2016 and register the case against respondents 4 to 9.

2. When the matter was taken up for hearing, learned Additional Public Prosecutor submitted that this petitioner has been removed from service by the CSI, Coimbatore Diocese, which the petitioner is strongly refuting.

3. It is also seen that this petitioner has filed a suit in O.S.No.46 of 2016 on the file of Sub Court, Attur. That apart, it is submitted by the learned counsel appearing for R4 to R9, that one Vijila Chandrasekar/4th respondent herein has been appointed in the place of this petitioner and that she has taken charge.

It is seen that Vijila Chandrasekar filed Crl.O.P.No.11772 of 2016 and this Court has passed the following order :

"It is the case of petitioner is that she has been appointed as Manager in CSI Boys Boarding Home, Unit-1, Attur, Salem District in the place of one N.Alexandar Joseph, who is preventing the petitioner from taking charge. In this regard, the petitioner has given a complaint, based on which, the petitioner enquiry is pending in CSR.No.310 of 2016 and the respondent police is directed to conduct the enquiry in CSR.No.310 of 2016 and afford sufficient protection to the petitioner to work at ease. In view of the above, the criminal original petition is closed."

4. In the light of the above, direction as prayed for cannot be granted and this petition is closed, with liberty to the petitioner to raise all the points before the civil forum. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To 1.The District Collector, Salem.

2.The Superintendent of Police, Salem.

3.The Inspector of Police, Attur Police Station, Attur Taluk, Salem District.

4.The Public Prosecutor, High Court, Madras.

+1cc to the Government Pleader Sr.33708 +2cc to Mr.S.Bharathirajan, Advocate Sr.33523 +1cc to Mr.A.Rajakumar, Advocate Sr.33528 WP.No.19931 of 2016 pvs[co] srg 11/07/2016