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Madras High CourtWP/24543/2007dismissed

K.Subbiah v. The Inspector General Of

2020-12-18Honourable Mr Justice P. Velmurugan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2020

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No.24543 of 2007 and M.P.Nos. 1 & 2 of 2007

1. K. Subbaiah,

2. M. Ravindran,

3. P. Issac Sam Theouder,

4. M. Paulraj,

5. S.P. Vadivel,

6. M. Kaliappan,

7. C. Israel,

8. S. Govindaswamy,

9. A. Mani,

10. D. Gopinath, 11.T. Rajagopal,

12. K. Karmegam,

13. E. Durai,

14. C. Appu,

15. R. Victor Raj,

16. C. Sundaraj ... Petitioners Vs.

1. The Inspector of General of Police, Armed Police, Kilpauk, Chennai -600 010.

2. The Deputy Inspector General of Police, Armed Police, Kilpauk, Chennai -600 010.

3. Tamil Nadu Special Police, VII Battalion, Tihar Jail, New Delhi.

4. Tamil Nadu Special Police IX Battalion, Manimutharu, Tirunelveli District,

5. Anbalagan,

6. Renganathan,

7. Venkatesan,

8. Sathasivam,

9. Ravi,

10. Mani,

11. Mohan,

12. Kapalpremkumar,

13. Kumar,

14. Eswaraprasad,

15. Balasubramaniyan,

16. Thangathurai,

17. Rabazzak,

18. Ramachandran,

19. Vijakumar,

20. Kasivishvanathan,

21. Sundraraj (R-5 to R-21 impleaded as per Court dated 23/04/2009 in M.P.1/2009 in W.P.No.24543 of 2007) ... Respondents Prayer: Petition filed praying to issue writ of Certiorarified Mandamus or any other appropriate writ or order or direction in the nature of writ calling for the records relating to the impugned order in C.NO.22849/2006 dated 25.04.2007 of the 1st respondent and quash the same and direct the respondents to regularize the service of the petitioners in the cadre of Havildar and Sub-Inspector of Police from the date of their initial appointment and grant all consequential service and monetary benefits.

For Petitioners : No Appearance For Respondents 1to4 : Mr.K. Magesh (Spl. Government Pleader) For Respondents 5 to 21: No Appearance

O R D E R

When the matter is taken up for hearing, there is no reprsentation on behalf of the petitioners though the petitioners have filed this writ petition to issue writ of Certiorarified Madamus or any other appropriate writ or order or direction in the natre of writ calling for the records relating to the impugned order in C.NO.22849/2009 dated 25.04.2007 of the 1st respondent and quash the same and direct the respondents to regularize the service of the petitioners in the cadre of Havildar and Sub-Inspector of Police from the date of their initial appointment and grant all consequential service and monetary benefits.

2. However, Mr.K. Mahesh, Special Government Pleader who is appearing for the respondents 1 to 4 would submit that the petitioners are not entitled to the relief as prayed for since most of the petitioners have attained the age of superannuation

and got retirement from service, except the petitioners Nos.8, 10 and 12 who are to attain the age of superannuation on 31.08.2021, 31.03.2022 and 30.04.2022 respectively. In this regard, a communication has been received in ref No.A1/10573/2014 dated 17.12.2020 from Commandant, TSP IX Battalion Manimuthar, in reply to the Government Pleader vide letter dated 05.11.2020, mentioning the service details of the petitioners herein. The same has been produced before this Court. Therefore, nothing survives to adjudicate in this writ petition and the same may be dismissed.

3. In view of the aforesaid submissions made by the learned special Government Pleader, the writ petition is dismissed. Consequently connected miscellaneous petitions are closed if any. No Costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar lbm To:

1. The Inspector of General of Police, Armed Police, Kilpauk, Chennai -600 010.

2. The Deputy Inspector General of Police, Armed Police, Kilpauk, Chennai -600 010.

3. Tamil Nadu Special Police, VII Battalion, Tihar Jail, New Delhi.

4. Tamil Nadu Special Police IX Battalion, Manimutharu, Tirunelveli District.

+1cc to the Government Pleader Sr.42291 W.P.No.24543 of 2007 and M.P.Nos. 1 & 2 of 2007 pa[co] srg 01/02/2021