Madras High CourtWP(MD)/16909/2020dismissed

R.Thenmozhi v. The Director General Of Police

2023-09-14Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :14.09.2023

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL and WMP(MD) No. 14134 of 2020 T.Thenmozhi ... Petitioner -Vs1. The Director General of Police Office of the Director General of Police No.1.Dr.Radhakrishnan Salai Mylapore, Chennai-4

2. The Inspector General of Police South zone, No.1 New Natham Road Race Course Colony Madurai -2

3. The Superintendent of Police Virudhunagar District Virudhunagar

4. The Inspector of Police Aruppukottai Town Police Station Aruppukottai, Virudhunagar District

5. Seenivasan The Sub Inspector of Police Aruppukottai Town Police Station Aruppukottai, Virudhunagar District ... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondents to take disciplinary action against the fifth respondent 1/4

based upon the representation of the petitioner dated 11.11.2020 and pass appropriate orders.

For Petitioner : Mr.S.Sivaprakash For R1 to R4 : Mr. R.M.Anbunithi Additional Public Prosecutor For R5 : No appearance

ORDER

This Writ Petition has been filed seeking for issuance of Writ of Mandamus to direct the respondents to take disciplinary action against the fifth respondent based upon the representation of the petitioner dated 11.11.2020.

2. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner represented that he is withdrawing his vakalath. However this petition is filed to take disciplinary action against the fifth respondent. This case is covered by the order passed by this Court in W.P(MD) No.8871 of 2018 in the case of Sudalaikanu .vs. The Principal Secretary to Government and others, wherein this Court held that for taking disciplinary action the third party cannot seek relief under Article 226 of the Constitution of India, since the matter is between employer and employee 2/4

3. In view of the above this petition is not maintainable and it is liable to be dismissed.

4. Accordingly this Writ Petition stands dismissed. No costs. Consequently connected miscellaneous petition is closed. 14.09.2023 Index : Yes/No Internet : Yes/No aav To

1. The Director General of Police Office of the Director General of Police No.1.Dr.Radhakrishnan Salai Mylapore, Chennai-4

2. The Inspector General of Police South zone, No.1 New Natham Road Race Course Colony Madurai -2

3. The Superintendent of Police Virudhunagar District Virudhunagar

4. The Inspector of Police Aruppukottai Town Police Station Aruppukottai, Virudhunagar District

5. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai.

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P.DHANABAL, J.

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