K.Ilancheran v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.03.2023 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.21496 of 2019 and W.M.P.No.20707 of 2019 K.Ilancheran ... Petitioner Vs.

1. The Director, Directorate of College Education, Nungambakkam High Road, College Road, Chennai - 600 006.

2. The Director, Directorate of Asst. College Education, Ambal Road, Tirunelveli.

3. The Director General of Police, Beach Road, Mylapore, Chennai - 600 004.

4. Shanmugavel Nadar, S/o.not known, T.D.M.N.S.College, T.Kallikulam, Tirunelveli District.

5. The President of Governing Committee, T.D.M.N.S.College, T.Kallikulam, Tirunelveli District.

... Respondents 1/5

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 & 3 to consider the representation of the petitioner dated 11.04.2019 in accordance with law by initiating Criminal action against the respondents 4 & 5 herein to secure the ends of justice.

For Petitioner : Mr.R.Sankarasubbu For R1 to R3 : Mr.M.Alagu Gowtham Government Advocate

O R D E R

This writ petition is filed seeking for issuance of a writ of mandamus to direct the respondents 1 & 3 to consider the representation of the petitioner dated 11.04.2019 in accordance with law by initiating Criminal action against the respondents 4 & 5.

2. Since no adverse order is being passed against the respondents 4 and 5, notice to the respondents 4 and 5 is dispensed with.

3. It is the case of the petitioner that he is an active member of Tirunelveli Dakshna Mara Nadar Sangam and he is the past student of the T.D.M.N.S.College situated at T.Kallikulam, Tirunelveli District. The petitioner claims that the administrators of the said College are intoxicating 2/5

the students who are studying in the said college and spoiling their career. Aggrieved over the said act, the petitioner being a past student, made a representation dated 11.04.2019, to the respondent authorities to take action against the respondents 4 and 5 in the manner known to law. Since the same was not considered the present writ petition has been filed.

4. Though very many grounds have been raised in the present writ petition, learned counsel for the petitioner submits that, it would suffice, it this Court issues a direction to the respondents 1 and 3 to consider the petitioner's representation dated 11.04.2019 and pass appropriate orders, within a time frame that may be fixed by this Court.

5. On the above contentions heard learned counsel appearing for respondents 1 to 3 and perused the materials placed before this Court.

6. Though the petitioner has made a representation dated 11.04.2019, to initiate criminal action against the respondents 4 and 5, being a past student of the aforesaid college, he is not entitled to make an application to take action against the alleged persons. Hence, this Court grants liberty to the students studying in the said college to make an 3/5

application before the respondents officials if they are aggrieved over them.

7. With the above observation and reasons, this writ petition is dismissed. No costs. Conseqeuntly, connected miscellaneous petition is closed.

13.03.2023 rap Index : Yes / No Speaking order : Yes / No To

1. The Director, Directorate of College Education, Nungambakkam High Road, College Road, Chennai - 600 006.

2. The Director, Directorate of Asst. College Education, Ambal Road, Tirunelveli.

3. The Director General of Police, Beach Road, Mylapore, Chennai - 600 004.

4/5

M.DHANDAPANI, J.

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