Dr.K.V.Dhanaraj, Asst. v. The State Of Tamil Nadu, Rep.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.10.2022 CORAM :
THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD).No.10726 of 2014 Dr.K.V.Dhanaraj ... Petitioner Vs.
1.The State of Tamilnadu, Represented by its Chief Secretary to Government, Government of Tamilnadu, Secretariat, Fort St.George, Chennai-600 009.
2.The Special Secretary, Public Works Department, Government of Tamilnadu, Secretariat, Fort St.George, Chennai-600 009.
3.The Engineer in Chief WRO and Chief Engineer (General), Public Works Department, Chepauk, Chennai- 600 005.
4.The Superintendent of Police, Kanyakumari District, Nagercoil.
5.The Deputy Superintendent of Police, Kanyakumari District, Nagercoil.
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6.K.A.Abdul Hameed, Superintendenting Engineer, PWD/WRO, Thamirabarani Basin Circle, Tirunelveli.
7.S.K.Subramani, Executive Engineer, PWD/WRO, Kothaiyar Basin Division, Kanyakumari District.
8.L.Herald Enoch, Assistant Executive Engineer, PWD/WRO, Tank Restoration Scheme Sub-Division, Nagercoil, Kanyakumari District.
9.Valson Bose, Assistant Engineer, PWD/WRO, Irrigation Section, Boothapandi, Kanyakumari District. ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to take appropriate action against the respondents 6 to 9 on the basis of the petitioner's representation, dated 12.06.2014. For Petitioner : Mr.B.Brijesh Kishore For R1 to R5 : Mrs.D.Farjana Ghoushia Special Government Pleader 2/6
O R D E R
This writ petition is filed for a writ of Mandamus directing the respondents 1 to 5 to take appropriate action against the respondents 6 to 9 on the basis of the petitioner's representation, dated 12.06.2014.
2. When the writ petition is taken up for hearing, it is submitted by the learned counsel for the petitioner that the private respondents 6 to 8 are retired and the 9th respondent is still in service.
3. The allegation in this writ petition is that the respondents 6 to 9 have violated the Rules and Regulations of the Model Code of conduct of elections and taken away the cheque books, filed measurement books. The alleged incident was happened in the year 2014.
4. Since some of the respondents are retired, there is no employer and employee relationship. At this point of time, enquiry cannot be conducted.
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5. At this juncture, the learned Counsel appearing for the petitioner raised apprehension, that the respondents would initiate action against the petitioner for the alleged offence committed by the respondents 6 to 9 for taking the bills and the measurement books. If at all the respondents are intended to initiate action, then the respondents should initiate action against the 6 to 9 respondents also. With this observation, the writ petition is closed. No costs.
31.10.2022 sn Index :Yes/No Internet : Yes/No To 1.The Chief Secretary, The State of Tamilnadu, Secretariat, Fort St.George, Chennai-600 009.
2.The Special Secretary, Public Works Department, Government of Tamilnadu, Secretariat, Fort St.George, Chennai-600 009.
3.The Engineer in Chief WRO and Chief Engineer (General), Public Works Department, Chepauk, Chennai- 600 005.
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4.The Superintendent of Police, Kanyakumari District, Nagercoil.
5.The Deputy Superintendent of Police, Kanyakumari District, Nagercoil.
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S.SRIMATHY, J.
sn 31.10.2022 6/6