S.P.Senthil Kumar v. The Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.08.2021

CORAM

THE HON'BLE Mr.JUSTICE M.SUNDAR W.P.No.227 of 2009 S.P.Senthil Kumar S/o.S.Prabakaran Grade II Police Constable (Now removed from service) No.17, Tamil 'A' Block, New Police Quarters, Sembium Perambur, Chennai-11.

... Petitioner -Vs.-

1. The Director General of Police Kamarajar Salai Chennai.

2. The Inspector General of Police Armed Force Head Office Locus Garden Kilpauk Chennai-600 010.

3. The Commandant Tamil Nadu Special Police IX Battalion, Manimuthur Tirunelveli District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relevant to the order in C.No.A-4/PR18/06/B.O.No.224/07 dated 04.05.2007 passed by the third respondent and confirmed in R.C.No.115358/AP3(1)/2007 dated 19.05.2008 passed by the first respondent and quash the same as illegal, improper, unreasonable arbitrary against the rule of law and natural justice and thereby direct the respondents to reinstate the petitioner into the service and pay back all service and monetary benefits to the petitioner from 23.04.2007. For Petitioner : Mr.S.Sundaresan for Ms.P.A.Chithramani For Respondents : Mr.C.Selvaraj Government Advocate ******

O R D E R

Read this in conjunction with and in continuation of earlier proceedings made in previous listing on 11.08.2021 which reads as follows:

Proceedings dated 11.08.2021:

'There is no representation for the writ petitioner. However, Mr.C.Selvaraj, learned State Counsel is before this virtual Court on behalf of all the three respondents.

2. Case file placed before this Court shows that there was no representation for the writ petitioner in the last listing before the Hon'ble Predecessor Judge also.

3. However, with the intention of giving opportunity to writ petitioner and writ petitioner's counsel, list this matter day after tomorrow (13.08.2021).'

2.

Mr.S.Sundaresan, learned counsel representing Ms.P.A.Chithramani, counsel on record for sole writ petitioner is before this Virtual Court.

3. Mr.C.Selvaraj, learned State counsel on behalf of all three respondents are before this Virtual Court, a counter affidavit has been filed by learned State counsel and the same is before this Court as part of case file.

4. Be that as it may, learned counsel representing the counsel on record for sole writ petitioner submits that the counsel on record has no instructions from writ petitioner and therefore, it is clear that the writ petitioner is not interested in pursuing the matter. This stated position qua writ petitioner is recorded.

5. The sequitur is, the captioned Writ Petition is dismissed for non-prosecution/default. There shall be no order as to costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar mk

To

1. The Director General of Police Kamarajar Salai Chennai.

2. The Inspector General of Police Armed Force Head Office Locus Garden Kilpauk Chennai-600 010.

3. The Commandant Tamil Nadu Special Police IX Battalion, Manimuthur, Tirunelveli District.

+1CC to Government Pleader, Sr.No.40738 W.P.No.227 of 2009 RSV (CO) K.RK. (03.09.2021)