Suseela v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.09.2023 CORAM :

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR Suseela ... Petitioner Vs.

1.The District Collector, Kancheepuram District.

2.The District Revenue Officer, Kancheepuram District.

3.The Revenue Divisional Officer, Sriperumbudur Division, Kancheepuram District.

4.The Inspector of Police, Sriperumbudur Police Station.

5.Gunasekaran Executive Officer, Sriperumbudur Town Panchayat, Kancheepuram District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to direct the respondents to consider petitioner's son's representations, dated 21.08.2023, and to consequently take departmental action against the Sriperumbudur Town Panchayat Executive Officer Mr.Gunasekar and his supporters.

For Petitioner : Mr.S.N.Subramani For R1 to R4 : Mr.S.Prabhakaran Government Advocate

O R D E R

This writ petition has been filed to direct the respondents to consider petitioner's son's representations, dated 21.08.2023, and to consequently take departmental action against the Sriperumbudur Town Panchayat Executive Officer Mr.Gunasekar and his supporters. 2.It is the case of the petitioner that the 5th respondent had damaged the Tar Road in front of the petitioner's house, which is in existence and usage by general public for more than 20 years. When the same was questioned by the petitioner, she was assaulted. In this regard, the petitioner's son has given a complaint before the 4th respondent Police, however, a CSR No.1055 alone has been given, but no further action has been taken so far. Hence, the writ.

3.Heard the learned counsel for the petitioner and Mr.S.Prabhakaran, learned Government Advocate, who takes notice for

the respondents 1 to 4.

4.The 5th respondent, in his official capacity as Executive Officer of the Town Panchayat, appears to have done some removal. Admittedly, the petitioner's son has given a complaint before the 4th respondent Police in this regard and a CSR has also been assigned in CSR No.1055/2023 dated 18.08.2023. In such view of the matter, it is for the petitioner or her son to pursue the criminal complaint, but not to file a writ petition in the guise of service matters. Therefore, I do not find any merit in this writ petition.

5.Accordingly, this writ petition is dismissed. No costs. If it is the grievance of the petitioner that there is no progress pursuant to the CSR, let the petitioner or her son work out their remedy in the manner known to law.

05.09.2023 mkn Internet : Yes Index : Yes / No Speaking order / Nonspeaking order

N. SATHISH KUMAR, J.

mkn To 1.The District Collector, Kancheepuram District.

2.The District Revenue Officer, Kancheepuram District.

3.The Revenue Divisional Officer, Sriperumbudur Division, Kancheepuram District.

4.The Inspector of Police, Sriperumbudur Police Station.

05.09.2023