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Madras High CourtWP/26083/2018dismissed

E.Vasudevan v. The Home Secretary

2019-04-22Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2019

CORAM

THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No.26083 of 2018 E.Vasudevan

...Petitioner

Vs 1.The Home Secretary, Secretariat, Fort St.George, Chennai - 600 009. 2.Mrs.S.Vaidegi, Under Secretary to Government of Tamil Nadu, Home Department, Prohibition and Excise, Fort St.George, Chennai - 600 009.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ or order or orders or direction particularly in the nature of Writ of Mandamus, directing the 1st respondent to take action against the 2nd respondent stopping her retirement benefits and other benefits. For Petitioner : Mr.S.Ezhil Raj For Respondents : Mr.A.N.Thambidurai, Spl.Govt.Pleader for R1 Mr.A.V.Arun for R2

O R D E R

The relief sought for in the present writ petition is to direct the first respondent to take action against the 2nd respondent stopping her retirement benefits and other benefits.

2. Admittedly, the writ petitioner is a third person and unconnected with the services of the 2nd respondent with the first respondent department. The present writ petitioner is filed on account of certain private disputes between the writ petitioner and the 2nd respondent. In respect of such disputes, the writ petitioner has to approach the proper forum for the purpose of redressing his grievances. Contrarily, the writ https://hcservices.ecourts.gov.in/hcservices/

petitioner cannot interfere with the service conditions of the 2nd respondent, as the 2nd respondent is entitled to get all her service benefits as per the service Rules in force.

3. This being the factum, this Court is of an undoubted opinion that, the writ petitioner cannot maintain the writ petition as the service benefits of the 2nd respondent is no way connected with the private disputes between the writ petitioner and the 2nd respondent. Accordingly, the writ petition stands dismissed as not maintainable. No Costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar Pkn To 1.The Home Secretary, Secretariat, Fort St.George, Chennai - 600 009. +1cc to Mr.AV.Arun, Advocate, S.R.No. 38891 +1cc to the Government Pleader, S.R.No. 39113 W.P.No.26083 of 2018 SSI(CO) GN(28/05/2019) https://hcservices.ecourts.gov.in/hcservices/