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Madras High Court · body

2016 DAILYLAW 4302 (MAD)

S.Arulselvam, v. The Managing Director,

WP/32356/2016 · 2026-04-16

N Senthilkumar

Transfer Petitionbody2016

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP No. 32356 of 2016 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-04-2026 CORAM THE HON'BLE MR.JUSTICE N.SENTHILKUMAR WP No. 32356 of 2016 S.Arulselvam, S/o.K.Sarangapani, NO.20, Thiru Nagar, 2nd Cross Street, East pondy Road, Villupuram ..Petitioner Vs 1. The Managing Director, Tamilnadu State Transport Corporation, Villupuram 2. The Inspector of Police Taluk Police Station, Villupuram 3. G.Rajaprakash, S/o.Gunasekar, CR5048, Bus Conductor, Tamilnadu State Transport Corporation, Villupuram Division, Koyambedu Branch, Chennai ..Respondents PRAYER: This Writ petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the 1st Respondent to take action against the 3rd respondent who is working as conductor CR 5048 in the 1st respondent as the 3rd respondent in involved in the grave offences under Sections 302 and 380 of the Indian penal Code. For Petitioner: Mr.N.Suresh, https://www.mhc.tn.gov.in/judis WP No. 32356 of 2016 __________ Page2 of 4 For Respondents: Ms.Pavithra, Standing Counsel for R1, Mr.S.John J. Raja Singh, Additional Government Pleader for R2, M/S.M.Devaraj & S.Sugumar for R3 ORDER The present Writ Petition has been filed seeking action against the 3rd respondent. 2. The learned standing counsel appearing for the 1st respondent submitted that, by proceedings dated 30.07.2021, the 1st respondent had removed the 3rd respondent from service based on grave charges levelled against him, pursuant to a criminal case registered in Crime No. 217 of 2016. In view of the same, the relief sought in the Writ Petition has already been complied with and nothing survives for further adjudication. 3. He further submitted that the relief sought in the present Writ Petition, namely, to direct the 1st respondent to initiate action against the 3rd respondent, is not maintainable under Article 226 of the Constitution of India, as the matter falls within the realm of criminal jurisprudence. The said submission is recorded. 4. The learned Additional Government Pleader appearing for the 2nd respondent submitted that a counter affidavit has been filed, stating that the 3rd respondent is undergoing imprisonment pursuant to a case registered in Crime https://www.mhc.tn.gov.in/judis WP No. 32356 of 2016 __________ Page3 of 4 No. 578 of 2015 for offences under Sections 302 and 380 of the Indian Penal Code. The Trial Judge namely the learned Sessions Judge, Magalir Neethi Mandram (Fast Track Mahila Court), Villupuram in S.C. No. 217 of 2016, convicted him and sentenced him to life imprisonment. 5. It is further submitted that the said conviction was challenged by the 3rd respondent before this Hon’ble Court in Crl.A. No. 735 of 2017 and the same was confirmed. Thereafter, the 3rd respondent has preferred a Special Leave Petition before the Hon’ble Supreme Court, which is pending. The said submission is recorded. 6. The counter affidavit filed by the 2nd respondent shall form as part and parcel of the records of this case. In the result, this Writ Petition stands closed. No costs. 16-04-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No JRS https://www.mhc.tn.gov.in/judis WP No. 32356 of 2016 __________ Page4 of 4 N.SENTHILKUMAR J. JRS To 1. The Managing Director, Tamilnadu State Transport Corporation, Villupuram 2. The Inspector of Police Taluk Police Station, Villupuram 3. G.Rajaprakash, S/o.Gunasekar, CR5048, Bus Conductor, Tamilnadu State Transport Corporation, Villupuram Division, Koyambedu Branch, Chennai 4. The Public Prosecutor, High Court of Madras. WP No. 32356 of 2016 16-04-2026 https://www.mhc.tn.gov.in/judis