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Madras High CourtWP(MD)/14796/2020disposed of

T.Esakkipandian v. The Inspector General Of Police

2023-03-08Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.03.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN T.Esakkipandian ... Petitioner Vs.

1.The Inspector General of Police, South Zone, Madurai.

2.The Deputy Inspector General of Police, Tirunelveli Range, Tirunelveli.

3.The Commissioner of Police, Tirunelveli City, Tirunelveli.

4.The District Superintendent of Police, Thoothukudi District, Thoothukudi.

5.E.Esakkiraja ... 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 respondents 1 to 4 to initiate disciplinary proceedings against the fifth respondent herein in connection with Crime No.1302/2020 on the file of the Palayamkottai Police 1/4

Station, Tirunelveli City and consequently, direct the respondents to put the petitioner on notice while conducting disciplinary proceedings by considering the petitioner's representation dated 23.09.2020 within a stipulated time. For Petitioner : Mr.N.Rajasekar For Respondents : Mr.G.Suriyananth Additional Government Pleader for R1 to R4 : Mr.M.Prabhu for R5

ORDER

Heard the learned counsel on either side.

2. The petitioner wants disciplinary action to be taken against the fifth respondent.

3. Since the petitioner has given a complaint, it is for the disciplinary authority to take a call in the matter. This Court will not be justified in issuing any positive mandamus. The issue is left entirely to the discretion of the disciplinary authority concerned.

4. The Writ Petition is dismissed. No costs. 08.03.2023 Index : Yes / No Internet : Yes/ No rmi 2/4

To 1.The Inspector General of Police, South Zone, Madurai.

2.The Deputy Inspector General of Police, Tirunelveli Range, Tirunelveli.

3.The Commissioner of Police, Tirunelveli City, Tirunelveli.

4.The District Superintendent of Police, Thoothukudi District, Thoothukudi.

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G.R.SWAMINATHAN, J.

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