Devaprasand.S v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.9073 of 2023 S.Devaprasad ... Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Inspector of Police, Aralvaimozhi Police Station, Aralvaimozhi, Kanyakumari District.

3.Gopi, 4.Dinesh Anburaja ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the first respondent to consider the petitioner's representation dated 09.03.2023 and to take appropriate disciplinary action against the 3rd respondent. 1/4

For Petitioner : Mr.M.Saravanakumar For Respondents : Mr.G.Suriyananth Additional Government Pleader for R1 & R2

ORDER

Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for R1 & R2.

2. The petitioner claims that he was physically injured by the fourth respondent and that instead of taking action as per law, the third respondent attempted to privately resolve the issue. The allegation of the petitioner is that the third respondent had indulged in an act of katta panchayat. The petitioner has given a complaint before the first respondent.

3. This Court has consistently taken the view that the writ court ought not to direct the disciplinary authority to take action against an erring employee. Now the first respondent is cognizant of the petitioner's complaint. It is for the first respondent to take a call in the matter

4. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

27.04.2023 Index : Yes / No Internet : Yes/ No rmi 2/4

To 1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Inspector of Police, Aralvaimozhi Police Station, Aralvaimozhi, Kanyakumari District.

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G.R.SWAMINATHAN, J.

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