V.Chandreswaran v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2022

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.NO.1286 OF 2019 V.Chandreswaran ... Petitioner -vs1. The Commissioner of Police, Commissioner of Police Office, Trippur.

2. The Branch Manager, M/s. Shriram Chits Tamil Nadu Ltd., No.74, Sukathi Complex, Railway Feeder Road, Virudhunagar.

... Respondents Prayer:- Writ Petitions filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First Respondent to stop the recovery from the Petitioner's salary as per the Orders of the Hon'ble Subordinate Judge, Virudhunagar in E.P. No. 18 of 2014 in A.C.P. No. 18 of 2012 dated 23.09.2016 on the Petitioner's petition dated 23.10.2018.

For Petitioner :

No appearance For Respondents :

Mrs.C.Sangamithirai Special Government Pleader (for R1) No appearance (For R2)

O R D E R

Heard Mrs. C.Sangamithirai, Learned Special Government Pleader appearing for the First Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

There is no representation for the Petitioner and the Second Respondent when the matter is called at 12.02 p.m. today. 3.

The Writ Petition has been filed for directing the First Respondent to stop recovery from the salary of the Petitioner as per the order dated 23.09.2016 in E.P. No. 18 of 2014 in A.C.P. No. 18 of 2012 passed by the Subordinate Court, Virudhunagar on the petition dated 23.10.2018 filed by the Petitioner.

4.

In the Counter-Affidavit dated 24.04.2019 filed by the First Respondent, it has been stated that as follows:- "6. With regard to the averments made in para-4 of the Affidavit, it is submitted that, as per order in CPO. No. 16 of 2019 in C. No. 17963/B1/2016, dated 01.02.2019 of the City Police Office, Tirppur City, orders have been issued to stop the recovery. 7.

It is therefore prayed that, as the recovery has been stopped as per order in CPO. No. 16 of 2019 in C. No. 17963/B1/2016, dated 01.02.2019 of the City Police Office, Tirppur City and out of two installments of excess recovery one installment amount of Rs. 2,500/- has been refunded and action has been taken to refund the recovery amount already sent to the Hon'ble Subordinate Court, Virudhunagar vide letter in C. No. 17963/B1/2016, dated 01.02.2019 of the Commissioner of Police, Tiruppur City, this Hon'ble Court may be pleased to close the Writ Petition on the grounds of prayer of the complainant is redressed."

In view of the subsequent events after the filing of the Writ Petition, nothing remains for further consideration in the Writ Petition and if the Petitioner still has any grievance to be redressed in the matter, he is not precluded from working out his rights before the proper forum in the manner recognized by law.

In fine, the Writ Petition is disposed with the aforesaid clarifications. No costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar gd

To The Commissioner of Police, Commissioner of Police Office, Trippur.

+1cc to the Government Pleader, S.R.No.24921 W.P.No.1286 of 2019 PA(CO) RLP(09/05/2022)