M.Jeganathan, v. The District Collector, Office Of The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.08.2025

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M.Jeganathan

...Petitioner

Vs.

1. The District Collector, Office of the District Collector, Tiruppur, Tiruppur District.

2. The Commissioner of Police, Office of the Commissioner of Police, Sirupooluvapatti, Tiruppur, Tiruppur District.

3. The Inspector of Police, Veerapandi Police Station, Tiruppur, Tiruppur District.

4. Venkatachalam

5. Keerthi Prabha

6. Ganesan

7. Kalairajan

8. Nagarajan

9. Padmanaban

...Respondents

Prayer: This petition has been filed under Article 226 of the Constitution of India seeking for issuance of a writ of Mandamus, directing the 1st and 2nd respondents to conduct an enquiry on the basis of the written representation made by the petitioner on 20.06.2025 and 1/4

consequently directing the 1st and 2nd respondents to initiate Departmental Enquiry against the 4th to 9th respondents. For Petitioner : Mr.R.Hemalatha For Respondents : Dr.C.E.Pratap Government Advocate (Crl.Side) for R1 to R3

O R D E R

The writ petition is filed with a prayer to conduct an enquiry based on the representation made by the petitioner dated 20.06.2025 and to consequently direct the respondents 1 and 2 to initiate departmental enquiry against the respondents 4 to 9.

2. Upon hearing the learned counsel for the petitioner, it is clear that the grievance of the petitioner is that, the respondents 4 to 9 have trespassed into the petitioner's property and tried to grab the petitioner's property. If that be so, if the petitioner alleges any criminal offence is committed, it would be very well open for the petitioner to lodge a criminal complaint. If any of the civil rights of the petitioner is violated, the petitioner is also entitled to approach the jurisdictional Civil Court.

3. As far as departmental enquiry is concerned, the petitioner has 2/4

made a representation on 20.6.2025 and it is entirely within the domain of the employer to conduct an enquiry or to initiate the disciplinary action in that regard. The petitioner does not have a concomitant right to enforce a disciplinary enquiry on the employer. Therefore, keeping open the rights of the petitioner to file a Criminal complaint if any offenceis made out or to approach the civil Court, the writ petition stands disposed of. No costs.

07.08.2025 RAP NCC : Yes / No To

1. The District Collector, Office of the District Collector, Tiruppur, Tiruppur District.

2. The Commissioner of Police, Office of the Commissioner of Police, Sirupooluvapatti, Tiruppur, Tiruppur District.

3. The Inspector of Police, Veerapandi Police Station, Tiruppur, Tiruppur District.

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D.BHARATHA CHAKRAVARTHY.J., rap 07.08.2025 4/4