R.Fathima v. The Chief Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:26.04.2018
CORAM:
THE HONOURABLE Mr. JUSTICE C.T.SELVAM and THE HONOURABLE Mr. JUSTICE A.M.BASHEER AHAMED W.P.(MD).No.9680 of 2018 and W.M.P.(MD) No.8926 of 2018 R.Fathima ... Petitioner Vs.
1.The Chief Secretary, Chennai-600 009.
2.The Home Department Secretary, Chennai-600 009.
3.The Secretary, Municipal Administration, Chennai-600 009.
4.The Secretary, High Ways Department, Chennai-600 009.
5.The Director General of Police, Chennai.
6.The District Collector, Madurai District, Madurai.
7.The Superintendent of Police, Madurai District, Madurai.
8.The Commissioner of Police, Madurai City, Madurai.
9.The Executive Engineer, Highway Department, Madurai,
10.The Deputy Commissioner of Police, Anna Nagar Limit, Madurai City, Madurai.
11.The Commissioner, Madurai Corporation, 12.The Inspector of Police, Othakadai Police Station, Othakadai, Madurai District.
13.The Inspector of Police, Melur Police Station, Melur, Madurai District.
14.The Inspector of Police, Puthur Police Station, 15.The Inspector of Police, Anna Nagar Police Station, ... Respondents PRAYER: The petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1 to 5 respondents to consider the representation sent by the petitioner dated 15.03.2018 and to take action against the respondents 6 to 15 for committing offence under Sections 110, 166-A and 201 IPC.
For Petitioner : Ms.R.Fathima Party in person For R-1 to R-10 and R-12 to R-15 : Mr.K.Chellapandian, Additional Advocate General, Assisted for Mr.R.Sethuraman, Special Government Pleader.
For R-11 : Mr.R.Murali Standing Counsel
ORDER
(Order of the Court was made by C.T.SELVAM,J.) This Writ Petition, purported to have been filed by way of Public Interest Litigation, seeks a direction to the respondents 1 to 5 to consider the representation sent by the petitioner dated 15.03.2018 and to take action against the respondents 6 to 15 for committing offence under Sections 110, 166-A and 201 of the Indian
Penal Code.
2.
Heard Ms.R.Fathima, appeared in person, Mr.K.Chellapandian, learned Additional Advocate General, assisted by Mr.R.Sethuraman, learned Special Government Pleader appearing for the respondents 1 to 10 and 12 to 15 and Mr.R.Murali, learned Standing Counsel appearing for the respondent No.11.
3. The averments in the affidavit filed in support of the Writ Petition and the complaints of the petitioner are all matters, which ought to be canvassed in contempt proceedings informing violation of the order of this Court in W.P.No.30233 of 2011. We also note that the petitioner informs that she is moving the present writ petition "as per the guidelines and footsteps of the senior citizen and Social Activist - Traffic Dr.Ramaswamy". We would seriously doubt as to whether a public interest litigant, like the petitioner herein, can move a Writ Petition at the behest of others. The petitioner has informed commission of certain offences under the Indian Penal Code, which really may not be attracted in this case and some of which require sanction for prosecution.
4.This Writ Petition is dismissed as not maintainable. No costs. Consequently, connected miscellaneous petition is closed. Sd/ Assistant Registrar (T&P) /True copy/ Sub Assistant Registrar To 1.The Chief Secretary, Chennai-600 009.
2.The Home Department Secretary, Chennai-600 009.
3.The Secretary, Municipal Administration, Chennai-600 009.
4.The Secretary, High Ways Department, Chennai-600 009.
5.The Director General of Police, Chennai.
6.The District Collector, Madurai District, Madurai.
7.The Superintendent of Police, Madurai District, Madurai.
8.The Commissioner of Police, Madurai City, Madurai.
9.The Executive Engineer, Highway Department, Madurai, 10.The Deputy Commissioner of Police, Anna Nagar Limit, Madurai City, Madurai.
11.The Inspector of Police, Othakadai Police Station, Othakadai, Madurai District.
12.The Inspector of Police, Melur Police Station, Melur, Madurai District.
13.The Inspector of Police, Puthur Police Station, 14.The Inspector of Police, Anna Nagar Police Station, +1cc to Mr.R.MURALI, Advocate, SR.No.63940 +1cc to M/s.Special Government Pleader,SR.No.64100 W.P.(MD).No.9680 of 2018 and W.M.P.(MD) No.8926 of 2018 26.04.2018 NB KK/SV MMS/15.05.2018/SAR-2/4P-17C