Arulkumar v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.03.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY 1.Arulkumar 2.Visalakshi : Petitioners Vs 1.The Commissioner Commissionerate of Town Panchayat 7th and 8th Floor Municipal Administration Building MRC Nagar, Chennai 28 2.The District Collector, Salem District 3.The Assistant Director Town Panchayat, Salem 4.The Executive Officer Omalur Selection Grade Town panchayat Omalur, Salem District 5.Suresh 6.Subramani 7.Shanthi 8.Govindan 9.Manivel 10.Manikandan

11.Balasubramaniyan 12.Madaiyan 13.Ramesh 14.Annakkili 15.Sivagami 16.Jaya 17.Sagunthala 18.Vadivel 19.Manikandan 20.Anitha 21.Periyasamy 22.Raman 23.Kaveriyammal 24.Balakrishnan 25.Murugesan 26.Palanisamy 27.Chinnathayee 28.Pavadai 29.Palaniyammal 30.Muthu 31.P.Marimuthu 32.O.Marimuthu 33.Marayee 34.P.Mariyappan 35.Pappa : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 2nd respondent to take appropriate departmental disciplinary proceeding against respondents 5 to 35 who are all the government employees and illegally encroached the park land in S.Nos.181/1A, S.No.181/8A, S.No.181/8B at Omalur Town, Salem District by considering the representation dated 17/8/2022.

For Petitioner :

Mr.T.Ganesan For Respondents 1 to 4 :

Mr.A.Edwin Prabhakar, State Government Pleader

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.T.Ganesan, learned counsel for the petitioner and Mr.Edwin Prabhakar, learned State Government Pleader for respondents 1 to 4.

2. The petitioner seeks departmental inquiry against respondents 3 to 35 by the second respondent/District Collector.

3. There cannot be a public interest litigation in service matters. It is the prerogative of the employer to conduct departmental inquiry or otherwise. A stranger cannot insist upon the employer to conduct departmental inquiry.

4. Representation is given by the petitioner. The respondent authorities may decide the said representation as may be permissible

under law.

5. The writ petition disposed of. There shall be no order as to costs. Consequently, WMP No.30832 of 2022 is closed. (S.V.G., CJ.) (D.B.C., J.) 22.03.2024 Index : Yes/No : Yes/No tar

To 1.The Commissioner Commissionerate of Town Panchayat 7th and 8th Floor Municipal Administration Building MRC Nagar, Chennai 28 2.The District Collector, Salem District 3.The Assistant Director Town Panchayat, Salem 4.The Executive Officer Omalur Selection Grade Town panchayat Omalur, Salem District

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 22.03.2024