Madras High CourtWP(MD)/1713/2013disposed of

A.Vins Anto Chairman, v. (*) The Chief Secretary,

2015-01-21Honourable Mr Justice B. Rajendran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2015

CORAM

THE HONOURBLE MR.JUSTICE B.RAJENDRAN W.P(MD).No.1713 of 2013 A.VINS ANTO CHAIRMAN .. Petitioner Vs.

1. THE CHIEF SECRETARY, GOVERNMENT OF TAMILNADU, FORT ST.GEORGE, CHENNAI. (R1-DELETED AS PER ORDER Dated 21.08.14 IN MP.1/14]

2. THE PRINCIPAL SECRETARY, GOVERNMENT OF TAMILNADU, PUBLIC WORKS DEPARTMENT,FORT ST.GEORGE, CHENNAI. .. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus or any other order in the nature of writ directing respondents to initiate appropriate action on the representations of the petitioner dated 25.06.2012, 12.07.2012 and 27.07.2012.

For Petitioner : Mr.C.T.Perumal For R2 : Mr.K.Guru Additional Government Pleader

ORDER

Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the second respondent.

2. The writ petition has been filed for a Mandamus directing the respondents to take appropriate action on the representations of the petitioner dated 25.06.2012, 12.07.2012 and 27.07.2012.

3. According to him, he has been assaulted by an officer, but though a complaint has been given, so far no action has been taken by the department.

4. The learned Additional Government Pleader only would contend that already a criminal case has been registered and a case is pending before the District and Sessions Court, Nagercoil. Further, he would contend that the very officer alleged to have been assaulted the petitioner has not been impleaded as a party. But the respondent will take necessary action as per the decision of the Criminal Court.

5. Since the complaint has been made against the officer, but he has not been impleaded as a party, the relief sought for by the petitioner cannot be granted at this stage, but at the same time this Court has taken into consideration of the fact that already a criminal case is https://hcservices.ecourts.gov.in/hcservices/

pending as against the alleged officer concerned. Therefore, the department will take action in accordance with law as per the Judgment of the Criminal Court. No costs.

Sd/- Assistant Registrar(Per Admn) /True Copy/ Sub Assistant Registrar To

1. THE CHIEF SECRETARY, GOVERNMENT OF TAMILNADU, FORT ST.GEORGE, CHENNAI.

(R1-DELETED AS PER ORDER Dated 21.08.14 IN MP.1/14]

2. THE PRINCIPAL SECRETARY, GOVERNMENT OF TAMILNADU, PUBLIC WORKS DEPARTMENT, FORT ST.GEORGE, CHENNAI. + 1 cc to M/s.C.T.Perumal, Advocate S.R.2751 W.P(MD).No.1713 of 2013 21.01.2015 rj2 Rs/18/2/15/2p/4c https://hcservices.ecourts.gov.in/hcservices/