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2026 Supreme(Online)(Mad) 41000

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mummineni Sudheer Kumar, J
Shanmugavalli S – Appellant
Versus
The Tamil Nadu Local Bodies – Respondent



Advocates:
For the Appellants/Petitioners: M/s.Chamundi Bose
For the Respondents:Mr.M.Ajmal Khan Additional Advocate General Assisted by Mr.B.Ramanathan Additional Government Pleader, Mr.D.Shanmugaraja Sethupathy, Mrs.S.Jeyapriya Government Advocate

Allegations of sexual harassment must be addressed to Internal Complaints Committee as the appropriate authority.

Headnote:The Court examined a petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct the second respondent to initiate disciplinary proceedings for allegations of sexual harassment. The Court observed that the petitioner's complaints lacked necessary particulars and were not addressed to the appropriate authority. The Court held that the allegations of sexual harassment are properly investigated by the Internal Complaints Committee under applicable service rules and laws. The Court framed the issue as to whether a writ of mandamus could be issued against the respondents when the complaint was not made to the proper authority. The Court reasoned that allegations of sexual harassment require an appropriate forum to examine evidence and conduct inquiry in accordance with law. The writ petition is disposed of granting liberty to the petitioner to submit her representation to the Internal Complaints Committee within three weeks.

Table of Content
1. proper authority for sexual harassment complaints identified. (Para 3)
2. liberty granted to submit complaint to proper authority. (Para 4)

ORDER

Mr.D.Shanmugaraja Sethupathy, learned counsel takes notice for the first respondent. Mr.M.Ajmal Khan, learned Additional Advocate General, assisted by Mr.B.Ramanathan, learned Additional Government Pleader, takes notice for the respondents 2 and 3 and Mrs.S.Jeyapriya, learned Government Advocate takes notice for the fifth respondent.

2. This writ petition has been filed to issue a writ of mandamus directing the second respondent to initiate disciplinary action against the fifth respondent for sexual abuse against the petitioner based on the petitioner's complaint dated 07.06.2025.

3. A perusal of the complaint/representation dated 07.06.2025 disclose that the same is an explanation submitted by the petitioner in response to the charge memo issued to the petitioner in disciplinary proceedings initiated against her. In the said explanation, the petitioner has made certain allegations against the fourth respondent herein, however, without furnishing any material particulars of the said allegation. The said complaint dated 07.06.2025 also makes a reference to another representation dated 05.05.2025 stated to have been submitted by the petitioner. A perusal of the same also would disclose that the same was addressed to the fourth respondent against whom the petitioner is making allegation. No doubt, a copy of the same was marked to the second respondent herein. However, taking into consideration the nature of allegations the petitioner is making against the fourth respondent, who is also impleaded by name as the fifth respondent in the present writ petition, neither the fourth respondent nor the second respondent herein would be able to take any action. It is for the petitioner to make a representation to the proper authority, namely, Internal Complaints Committee which can go into the allegations that are being made by the petitioner against the fourth respondent herein. Therefore, this Court does not see any purpose in issuing mandamus as sought in the present writ petition.

4. The learned Additional Advocate General also fairly submitted that in case the petitioner makes any complaint to the Internal Complaints Committee, the same can be considered in the light of the allegations that are being made by the petitioner.

5. In the light of the above, this Court is of the the considered view that it would be appropriate to dispose of the writ petition granting liberty to the petitioner to submit her complaint/ representation before the Internal Complaints Committee, which is the proper authority to enquire into the allegation of sexual harassment alleged to have been meted out to the petitioner in the hands of the fifth respondent. The petitioner shall submit complaint/representation within a period of three weeks from the date of receipt of a copy of this order. In case, if said representation is submitted by the petitioner, the same shall be considered by the appropriate authority in accordance with law.

6. In fine, this writ petition is disposed of. No costs.

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