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Madras High CourtWP/22661/2019disposed of

J.P.John Raj v. The Chairman

2019-11-14Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :14.11.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.22661 of 2019 J.P.John Raj .. Petitioner Vs.

1.The Chairman Aavin Illam, TCMPF Ltd, 3A, Pasumponmuthuramalingam Salai, Nandanam, Chennai - 600 035.

2.The General Manager, Aavin Illam TC MPF Ltd., 3A, Pasumponmuthuramalingam Salai, Nandanam, Chennai - 600 035.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the 1st respondent to dispose of the representation dated 11.07.2019.

For Petitioner : Mr.D.Charlesmuthushanthan For Respondents : Mr.R.Balaramesh Special Government Pleader

O R D E R

The prayer sought for in this Writ Petition is to direct the 1st respondent to dispose of the representation dated 11.07.2019.

2. The case of the petitioner is that there was a property dispute between the petitioner and one Jebarani who is working as Assistant General Manager, Aavin. It is the petitioner's case that he registered the FIR against the said Jebarani, however, disciplinary proceedings were not initiated against her. Therefore, the petitioner made a representation on 11.07.2019 to the 1st respondent to take appropriate and necessary action against the said Jebarani. However, till date https://hcservices.ecourts.gov.in/hcservices/

the said representation was not considered. Hence, the present Writ Petition has been filed.

3. The learned counsel for the petitioner would submit that it would be suffice to issue direction to the 1st respondent to consider and dispose of the representation dated 11.07.2019, on merits and in accordance with law.

4. Heard the counsel and perused the records.

5. The petitioner has come forward with a case for not taking action against one Jebarani, who is said to have been in property dispute with the petitioner. It is seen that FIR was lodged against the said Jebarani by the petitioner, for which no disciplinary proceedings were initiated. However, the said Jebarani has not been impleaded as a party to this Writ Petition and without impleading her as a party, this Court cannot issue direction to the respondents for taking disciplinary proceedings against her. The Writ Petition deserves to be dismissed.

6. Accordingly, the Writ Petition is dismissed. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kan To 1.The Chairman Aavin Illam, TCMPF Ltd, 3A, Paumponmuthuramalingam Salai, Nandanam, Chennai - 600 035.

2.The General Manager, Aavin Illam TC MPF Ltd., 3A, Paumponmuthuramalingam Salai, Nandanam, Chennai - 600 035.

W.P.No.22661 of 2019 CP(CO) CB(23/01/2020) https://hcservices.ecourts.gov.in/hcservices/