Ajmal v. The State Of Tamilnadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Ajmal ... Petitioner Vs 1.The State represented by The Principal Secretary, Department of Municipal Administration and Water Supply, State of Tamil Nadu, Fort St.George, Chennai - 600 009.

2.The Commissioner, Office of the Commissioner of Municipal Administration, 3, MRC Nagar, Raja Annamalai Puram, Chennai.

3.The District Collector, Office of the District Collector, 4.The Municipal Commissioner, Office of the Municipal Commissioner, 1/6

5.Thinnaiyayiramoorthi, Sanitary Inspector, 6.Vengadesan, Sanitary Supervisor, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, direct the respondents 1 to 4 to take action against the respondents 5 and 6 and direct the respondents to pay fair and reasonable compensation to the petitioner's hospital by considering the petitioner's representation dated 25.03.2023 in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.K.Balasubramani Special Government Pleader for R.1 to R.3 Mr.A.Kathiravan Standing Counsel for R.4

ORDER

Heard the learned counsel appearing for the petitioner, the learned Special Government Pleader appearing for the respondents 1 to 3 and the learned Standing Counsel appearing for the fourth respondent. 2/6

2.The petitioner represents a Hospital that is running in Sivagangai. The allegation of the petitioner is that the respondents 5 and 6 are demanding money for removing the garbage generated from the hospital. 3.The learned counsel would state that while the Hospital has made independent arrangement for clearing bio medical waste, they are only expecting the local body to remove other kinds of garbage. According to the petitioner, since the hospital declined to pay illegal gratification to respondents 5 and 6 they have deliberately scattered the garbage before the hospital thereby seeking to bring bad name to the Institution. The petitioner has given a complaint before the fourth respondent and other authorities. The petitioner wants action to be taken against the respondents 5 and 6.

The petitioner also seeks payment of compensation for the damage done to the Hospital. 4.As regard the payment of compensation, I do not have the portfolio or roster to consider granting relief. However, as regards the first part of the prayer, I have consistently taken the view that it is for the employer to take a call as to whether action should be taken against an erring employee or not. The petitioner has given a complaint before the fourth respondent. The fourth respondent is the authority competent to take a decision.

left to the discretion of the fourth respondent. I decline to go into the merits of the matter. I can only clarify it is for the fourth respondent to take a call. 5.With these observations, this writ petition is disposed of. It is open to the petitioner herein to file a fresh writ petition or any other claim for payment of compensation for the alleged injury said to have been suffered by the Hospital in question. There shall be no order as to costs. 20.04.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To 1.The Principal Secretary, Department of Municipal Administration and Water Supply, State of Tamil Nadu, Fort St.George, Chennai - 600 009.

2.The Commissioner, Office of the Commissioner of Municipal Administration, 3, MRC Nagar, Raja Annamalai Puram, Chennai.

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3.The District Collector, Office of the District Collector, 4.The Municipal Commissioner, Office of the Municipal Commissioner, 5/6

G.R.SWAMINATHAN, J.

MGA 20.04.2023 6/6