Maruthai v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2024

CORAM

THE HONOURABLE Ms.JUSTICE R.N.MANJULA W.P. No.19050 of 2021 Maruthai ...

Petitioner /vs/

1. The State of Tamil Nadu, Represented by its Secretary, Home Department, Fort St. George, Chennai - 600 009.

2. The Director General of Police (L&O), Police Head Quarters, Mylapore, Chennai - 600 004.

3. The Inspector General of Police, Central Zone, Trichy, Trichy District.

4. V.R.Srinivasan, The Superintendent of Police, Ariyalur District, Now at Superintendent of Police, Dindigul District, Dindigul.

5. V.Baskaran

The Superintendent of Police, Ariyalur District, Now at Superintendent of Police, Madurai District, Madurai.

6. Radhakrishnan Inspector of Police, District Crime Branch, Ariyalur District.

(Crime No.3 of 2019) ... Respondents Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of mandamus to direct the respondents 1 to 3 to take disciplinary action against the fourth, fifth and sixth respondents herein in accordance with law for abusing the investigating powers by considering the representation of the petitioner dated 19.06.2021 and .06.2021 in accordance with law to secure the ends of justice. For Petitioner ... No appearance For Respondents ... Mr.K.H.Ravikumar Government Advocate

ORDER

Heard Mr.K.H.Ravikumar, the learned Government Advocate for the respondents. There is no representation for the petitioner.

2. The petitioner has filed this writ petition seeking a writ of mandamus directing the respondents 1 to 3 to take disciplinary action against the fourth, fifth and sixth respondents herein in accordance with law for abusing the investigating powers by considering the representation of the petitioner dated 19.06.2021 and .06.2021.

3. Mr.K.H.Ravikumar, the learned Government Advocate, submitted that the representation of the petitioner dated 19.06.2021 was considered and investigation has been done in accordance with law and final report has also been filed and further action dropped; now the petitioner has filed this writ petition without any locus standi by seeking direction against the respondents 1 to 3 to initiate action against the respondents 4, 5 and 6.

4. At the outset the "employer - employee" relationship is only

between the respondents 1 to 3 and the respondents 4 to 6. A third party like the petitioner cannot compel the authorities to initiate any disciplinary action against his employees, the respondents 4 to 6. Further, it is learnt from the submission of the learned Government Advocate that by considering the petitioner's representation, investigation has been completed and final report has also been filed. In such case, the writ petition itself is not maintainable and the same is liable to be dismissed.

5. In the result, this writ petition is dismissed. No costs. 19.03.2024 Index: Yes / No Speaking order / Non-speaking order bkn

To:

1. The Secretary, State of Tamil Nadu, Home Department, Fort St. George, Chennai - 600 009.

2. The Director General of Police (L&O), Police Head Quarters, Mylapore, Chennai - 600 004.

3. The Inspector General of Police, Central Zone, Trichy, Trichy District.

R.N.MANJULA ,J.

bkn 19.03.2024