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Madras High CourtWP(MD)/8474/2024disposed of

Sahul Hameed .M v. The Principal

2024-04-03Honourable Ms Justice R.N.Manjula7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD) No.8474 of 2024 M.Sahul Hameed ... Petitioner Vs.

1.The Principal Tamilnadu Medical Council, Chennai.

2.The Dean Rajaji Government Hospital, Madurai, Madurai District.

3.The Superintendent Rajaji Government Hospital, Madurai, Madurai District.

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4.M.Ahamed Riyas ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent Nos.1 to 3 to consider and dispose of the petitioner's representation dated 20.03.2024 sent in connection with the Crime No.67 of 2024 on the file of Inspector of Police, Paramakudi Town Police Station, Ramanathapuram District as expeditiously as possible within the time frame fixed by this Hon'ble Court.

For Petitioner : Mr.I Kalantar Aasik Ahamadu For Respondents : Mr.C.Karthik - for R1 Standing counsel Mr.M.Lingadurai - for R2 & R3 Special Government Pleader 2/7

ORDER

The petitioner, who is a third party, has filed this Writ Petition seeking action to be taken by the respondents 2 and 3 against the fourth respondent.

2. Heard Mr.I Kalantar Aasik Ahamadu, learned counsel for the petitioner, Mr.C.Karthik, learned Standing counsel for the first respondent and Mr.M.Lingadurai , learned Special Government Pleader for the respondents 2 and 3.

3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

4. The learned counsel for the petitioner submitted that the fourth respondent is an employee under the respondents 2 and 3 and he has involved in a criminal case and a case has been registered against the fourth respondent in Crime No.67 of 2024 for 3/7

the offences under Sections 143, 448, 294(b), 323, 355 and 506(i) IPC on the complaint given by the petitioner. It is learnt that the petitioner has also sent a representation to the respondents 2 and 3 to initiate departmental action against the fourth respondent.

5. Mr.M.Lingadurai, learned Special Government Pleader, on instructions, submitted that there is no such person by name, Ahamed Riyas, working in the Department. However, one Mohammed Riyas is working and he is the petitioner's brother's son-in-law. It appears that there is some family dispute between the petitioner and the fourth respondent and that had taken the shape of this Writ Petition.

6. Since a criminal case has already been registered, the law will take its own course and any departmental action against the Government servant will depend upon the course and result of the investigation.

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7. With the above observation, this Writ Petition is disposed of. No costs.

03.04.2024 Index : Yes / No Internet : Yes / No NCC : Yes / No RM 5/7

To 1.The Principal Tamilnadu Medical Council, Chennai.

2.The Dean Rajaji Government Hospital, Madurai, Madurai District.

3.The Superintendent Rajaji Government Hospital, Madurai, Madurai District.

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R.N.MANJULA , J.

RM Order made in W.P.(MD)No.8474 of 2024 Dated:

03.04.2024 7/7