Dr.S.Padmarajan v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.06.2018

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.14735 of 2013 and MP.No.1 of 2013 Dr.S.Padmarajan ... Petitioner Vs.

1.The Secretary to Government of Tamil Nadu, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Director of Medical and Rural Health Services, DMS Campus, Chennai.

3.Dr.Soundararajan 4.Dr.Jagadeeswaran ... Respondents (R3 and R4 impleaded as per order of this Court dated 29.6.2018, in M.P.No.2 of 2013 in W.P.No.14735 of 2013) Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus, directing the 2nd respondent herein to consider and take action on the petitioner's representation dated 25.3.2013, within the time frame as may be fixed by this Court.

For Petitioners : Mr.R.Sivakumar For Respondents : Mr.V.Shanmuga Sundar Special Government Pleader for R1 and R2 Mr.N.Ramesh for R3 and R4

O R D E R

Heard the learned counsel for the petitioner, the learned Special Government Pleader for the respondents 1 and 2 and the learned counsel for the respondents 3 and 4 and perused the materials available on record.

2. The petitioner has come forward with this writ petition seeking for issuance of a writ of mandamus, directing the second respondent to take appropriate action on his representation dated 25.3.2013.

3. It seems that the petitioner was prosecuted under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, in C.C.No.22 of 2009 and https://hcservices.ecourts.gov.in/hcservices/

acquitted by the Principal District and Sessions Judge, Coimbatore on 30.11.2010. On the basis of the complaint given by the petitioner, criminal proceedings were initiated against the private respondents 3 and 4 and they were also acquitted in C.C.No.2 of 2010, by the Principal District and Sessions Judge, Coimbatore.

4.The grievance of the petitioner is that after he was acquitted from the criminal case, he gave a representation to the respondents 1 and 2 to take action against the private respondents 3 and 4, but, it was not responded.

5. In the counter affidavit filed by the respondents 1 and 2, it is stated that after acquittal from the criminal case, the petitioner preferred a complaint before the National Human Rights Commission, New Delhi and after scrutinizing the reports submitted by the respondents, further action was dropped. It is further stated that the second respondent vide Ref.No.73421/SC2/2/2012, dated 14.2.2014, informed to the petitioner that further action on his representation was dropped, which was received by him on 07.03.2014. 6.The learned counsel for the petitioner submitted that so far the petitioner did not receive any communication.

7. In the light of the above facts and the counter filed by the respondents 1 and 2, this Court is of the considered opinion that no further action is required in this writ petition. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous is petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ms To 1.The Secretary to Government of Tamil Nadu, Health and Family Welfare Department, Secretariat, Fort St.George, Chennai - 600 009.

2.The Director of Medical and Rural Health Services, DMS Campus, Chennai.

+1cc to MR.N.Ramesh, Advocate SR.No.41943 +1cc to Government Pleader Sr.No.42298 SV(CO) sm:24.7.2018 W.P.No.14735 of 2013 and MP.No.1 of 2013 https://hcservices.ecourts.gov.in/hcservices/