High Court Kerala High Court

Abychen Varghese vs The State Of Kerala on 8 April, 2009

Kerala High Court
Abychen Varghese vs The State Of Kerala on 8 April, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 12512 of 2007(M)


1. ABYCHEN VARGHESE,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE DISTRICT SUPERINTENDENT OF POLICE,

3. THE DY S.P.,

4. MR. SAINUDHEEN,

5. MARYKUTTY JOSEPH,

                For Petitioner  :SRI.V.K.SUNIL

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :08/04/2009

 O R D E R
                      P.R.RAMACHANDRA MENON, J.
                        ~~~~~~~~~~~~~~~~~~~~~~
                         W.P.(C) No. 12512 of 2007
                        ~~~~~~~~~~~~~~~~~~~~~~
                     Dated, this the 8th day of April, 2009
                               J U D G M E N T

The prayer of the petitioner, who claims to be a public spirited

citizen, is for the issuance of a Writ of Mandamus directing the respondents

1 and 2 to conduct an enquiry into the misconducts of the 4th respondent,

as highlighted in Exhibit P2 representation and to take appropriate action

against him on the basis of such enquiry. Absolutely no locus standi is

established for seeking such a relief, particularly, when the alleged

misconduct and the scope of disciplinary action against the delinquent

would come within the exclusive jurisdiction of the employer and not for a

stranger to intrude.

2. When the above matter came up for admission before this Court

on 11.04.2007, it was sought to be adjourned at the instance of the

petitioner, to be posted after the mid-summer vacation. No further steps

are seen taken from the part of the petitioner to have it had brought up for

admission causing issuance of notice to the respondents for adjudication

on merits. It appears that the petitioner is no more interested with the

alleged grievance projected in the above writ petition.

In the above circumstance, no interference is called for and the W.P.

(C) is dismissed accordingly.

P.R.RAMACHANDRA MENON, JUDGE
kmd.