V.P.Ammavasai, v. The Deputy Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).No.5404 of 2018 V.P.Ammavasai ... Petitioner Vs.

1. The Deputy Registrar (Diaring) Madurai Aavin Complex, Madurai.

2. The General Manager, Madurai District Milk Producers Co-operative Union (Aavin), Madurai-20.

3. Mariappan The Deputy Manager (Diary Engineering), Madurai District Milk Producers Co-operative Union (Aavin), Madurai-20.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st and 2nd respondents herein to conduct enquiry and take necessary action in charges pending against the third respondent within a time stipulated by this Court on considering the representation made by the petitioner to the respondents 1 and 2 dated 20.02.2018. For Petitioner : Mr.M.Muthusamy For R1 and R2 : Mr.M.Murugan Government Advocate

ORDER

The petitioner is an elected board member of the second respondent society. According to the petitioner, the third respondent had committed certain acts of delinquency. Therefore, the petitioner has given a representation for taking action against the third respondent. Since no action has been taken by the first and second respondents, the present writ petition has been filed.

https://hcservices.ecourts.gov.in/hcservices/

2.The writ petitioner's rights are in no way infringed. The third respondent is an employee of the second respondent. Whether to take action against the third respondent or not, ought to be left to the discretion of the concerned management. 3.Admittedly, the writ petitioner is a part of the management. It is for him to raise the matter during the board meeting. Therefore, he cannot maintain a Writ of Mandamus in this regard.

Absolutely, the petitioner has no locus standi, whatsoever to come before this Court. The writ petition is accordingly dismissed as not maintainable. No costs. Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To

1. The Deputy Registrar (Diaring) Madurai Aavin Complex, Madurai.

2. The General Manager, Madurai District Milk Producers Co-operative Union (Aavin), Madurai-20.

+ 1 cc TO The Special Government Pleader in SR No. 55640 rmi AE/SV MMS/SAR1/07.05.2018/2P/4C W.P.(MD).No.5404 of 2018 14.03.2018 https://hcservices.ecourts.gov.in/hcservices/