Dowladh Basha v. The Director General Of Police , Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.P.Dowladh Basha ... Petitioner Vs

1. The Director General of Police, Tamil Nadu, Office of the Director General of Police, No. 601, Dr. Radhakrishnan Salai, Mylapore, Chennai - 600 004.

2. The Superintendent of Police, Office of Superintendent of Police, Dharmapuri District.

3. The Additional Superintendent of Police, Office of the Superintendent of Police, Dharmapuri District.

4. M.Vijay Kumar ... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first to third respondents to take strict disciplinary action against the fourth respondent based on the representation of the petitioner dated 14.10.2022, within a time frame fixed by this Court.

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For Petitioner : Mr. S.C.Vishwanath For Respondents : Mr. V.Veluchamy, Additional Government Pleader (for R1 to R3)

O R D E R

This Writ Petition has been filed directing the first to third respondents to take strict disciplinary action against the fourth respondent based on the representation dated 14.10.2022 made by the petitioner, within a time frame that may be fixed by this Court.

2. The fourth respondent through his son-in-law and his father had purchased the land comprised in S.Nos. 195/4D1A2, 195/4D1A3 at Madhehalli Village and S. Nos. 522/1D, 522/1C, 522/1E and 522/1F at Paaparapatti from one R.Santhanalakshmi by registered sale deed. In the sale deed, it was mentioned that 23 feet concrete road instead of 9 feet road. Therefore, the petitioner filed a Writ Petition in W.P. No. 25873 of 2022 seeking a direction not to grant any planning approval for the proposed layout formed in the above said land. Now, the petitioner lodged complaint as against the fourth respondent to take disciplinary proceedings. 2/5

3. On a perusal of the records, it is seen that the civil dispute between the petitioner and the son-in-law of the fourth respondent. In the event of any grievance arising from the dispute, the petitioner can very well approach the appropriate Civil Court for necessary relief. The petitioner has no locus standi for seeking relief of disciplinary proceedings as against the fourth respondent. If at all dereliction of duty, the Superior of the fourth respondent to initiate the disciplinary proceedings as against the fourth respondent. Therefore, the prayer sought for in this Writ Petition cannot be considered.

4. In the result, this Writ Petition is dismissed. No costs. 08.07.2024 Index:Yes/No kv 3/5

To

1. The Director General of Police, Tamil Nadu, Office of the Director General of Police, No. 601, Dr. Radhakrishnan Salai, Mylapore, Chennai - 600 004.

2. The Superintendent of Police, Office of Superintendent of Police, Dharmapuri District.

3. The Additional Superintendent of Police, Office of the Superintendent of Police, Dharmapuri District.

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G.K.ILANTHIRAIYAN, J.

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