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Madras High CourtWP(MD)/3692/2021dismissed

Pazhanisamy v. The Director General Of Police

2023-09-04Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :04.09.2023

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL Pazhanisamy ... Petitioner -Vs1. The Director General of Police Office of the Director General of Police Beach Road, Chennai

2. The Superintendent of Police Ramanathapuram

3. The Deputy Superintendent of Police Kamuthi Taluk

4. The Inspector of Police Kamuthi Police Station

5. The Sub Inspector of Police Kamuthi Police Station

6. Anbuprakash Inspector of Police Kamuthi Police Station

7. Muruganantham Sub Inspector of Police Kamuthi Police Station ... Respondents 1/5

PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondent No. 1 to 3 to take appropriate actions against the respondent No. 4 to 7 on the basis of the petition submitted by the petitioner dated 01.02.2021 and on the basis of the guidelines issued by the Honble Constitutional Bench of the Supreme Cout of India in Lalitha Kumari case reported in (2014)2 SCC (1) in accordance with law within the time stipulated by this Hon'ble Court For Petitioner : Mr.R.Alagumani For R1 to R5 : Mr. R.M.Anbunithi Additional Public Prosecutor

ORDER

This Writ Petition has been filed seeking for issuance of Writ of Mandamus to direct the respondents 1 to 3 to take appropriate actions against the respondent No. 4 to 7 on the basis of the petition submitted by the petitioner dated 01.02.2021 and on the basis of the guidelines issued by the Honble Constitutional Bench of the Supreme Cout of India in Lalitha Kumari case reported in (2014)2 SCC (1) in accordance with law within the time stipulated by this Hon'ble Court.

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2. Already the main case itself was closed, this petition filed to take appropriate actions against the respondent No. 4 to 7 on the basis of the petition submitted by the petitioner dated 01.02.2021 this case is covered by the order passed by this Court in W.P(MD) No. 8871 of 2018 in the case of Sudalaikanu .vs. The Principal Secretary to Government and others, wherein this Court held that for taking disciplinary action the third party cannot seek relief under Article 226 of the Constitution of India, since the matter is between employer and employee

3. In view of the above this petition is not maintainable and it is liable to be dismissed.

4. Accordingly this Writ Petition stands dismissed. No costs. 04.09.2023 Index : Yes/No Internet : Yes/No aav To

1. The Director General of Police Office of the Director General of Police Beach Road, Chennai

2. The Superintendent of Police Ramanathapuram 3/5

3. The Deputy Superintendent of Police Kamuthi Taluk

4. The Inspector of Police Kamuthi Police Station

5. The Sub Inspector of Police Kamuthi Police Station

6. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai.

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P.DHANABAL, J.

aav 04.09.2023 5/5