K.Gowthaman v. State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and M.P.Nos.1 & 2 of 2013
1. K.Gowthaman
2. G.Augustine Paul Sudhakar
3. A.Yakkoob ... Petitioners Vs.
1. State of Tamil Nadu, Rep. by Principal Secretary to Government, Home Department, Secretariat, Chennai - 600 009.
2. The Director General of Police, Dr.Radhakrishnan Road, Mylapore, Chennai - 600 004.
3. The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai - 600 003.
4. V.Balasubramanian
5. S.Balasubramanian
6. N.Rajarajan
7. R.Veeraperumal
8. S.Perumal Swamy
9. D.Kandaswamy
10. K.Thirumalaichamy [R4 to R10 impleaded vide order dated 04.10.2013]
11. A.Mohan Nawas
12. M.Rajendran
13. A.Elango
14. J.Rathinavel
15. K.Gunasekaran
16. M.Balasubramanian
17. S.Kumaravelu
18. M.Gnanasekaran
19. L.Srinivasan
20. S.Velladurai
21. S.Layola Ignatius
22. K.Rajavel
23. V.Subbaraj [R11 to R23 impleaded vide order dated 21.10.2013]
24. K.Rajeswaran
25. S.Saravanan
26. P.Kumar
27. R.Moorthy
28. M.S.Madasamy
29. P.Anburaj
30. P.Sachidanandam
31. P.Janagaraj
32. K.Duraisamy
33. S.Prabakaran
34. L.Selvan
35. A.P.Nagaraj ... Respondents [R24 to R35 impleaded vide order dated 04.11.2013] Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned Government Order issued by the first respondent in G.O (Ms) No.771, Home (Pol-1A) Department, dated 29.09.2013 and quash the same. For Petitioners : Mr.J.Jayamalan for Mr.S.Nedunchezhiyan For R1 & R2 : Mr.Ramanlal, Additional Advocate General assisted by Mr.Yogesh Kannadasan, Special Government Pleader For R3 to R35 : No appearance
O R D E R
This writ petition has been filed challenging the orders issued by the first respondent in G.O (Ms) No.771, Home (Pol-1A) Department, dated 29.09.2013.
2. Heard Mr.J.Jayamalan, learned counsel for the petitioners and
Mr.Ramanlal, learned Additional Advocate General assisted by Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the respondents 1 and 2.
3. When the matter is taken up for consideration today in the forenoon session, it is brought to the notice of this court by Mr.Ramanlal, learned Additional Advocate General, that the impugned Government Order was issued subject to the result of a batch of writ petitions which were pending by then before this court in W.P.Nos.24461 of 2013 and batch. The said batch of writ petitions referred to above was allowed by a Co-ordinate Bench of this court by an order dated 02.12.2020, by duly quashing the orders issued in G.O.Ms.No.550, Home (Police -2) Department, dated 24.07.2013. Consequence thereto, the State also amended the relevant rule namely, Sub-Rule (B) of Rule 11 of the Special Rules for the Tamil Nadu Police Service, with retrospective effect from 19.03.1996, in the light of the orders dated 02.12.2020 passed in W.P.Nos.24461 of 2013 and batch, and that in view of the amendment to Sub Rule (B) of Rule 11 of the Special Rules for the Tamil Nadu Police Service, the impugned Government Order is
liable to be quashed.
4. As there was no representation for the private respondents in the forenoon session, the matter was passed over, and during the post-lunch session also, there is no representation for the private respondents.
5. In the light of the above, this court is convinced that the impugned Government Order is liable to be quashed, in consequence of the orders dated 02.12.2020 passed in W.P.Nos.24461 of 2013 and batch and accordingly, the impugned order bearing G.O (Ms) No.771, Home (Pol-1A) Department, dated 29.09.2013, is hereby quashed.
6. Accordingly, the writ petition is allowed. No costs. Connected miscellaneous petitions, if any, shall stand closed. 27.06.2025 skr (1/2) Index : Yes / No Speaking order / Non-speaking order To
1. State of Tamil Nadu, Rep. by Principal Secretary to Government, Home Department, Secretariat, Chennai - 600 009.
2. The Director General of Police, Dr.Radhakrishnan Road, Mylapore, Chennai - 600 004.
3. The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai - 600 003. MUMMINENI SUDHEER KUMAR, J.
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