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Madras High CourtWP/9438/2019dismissed

P.Kalaiselvi v. The Commissioner Of Police,

2019-04-01Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.9438 of 2019 P.Kalaiselvi .. Petitioner Vs.

The Commissioner of Police, Salem, Salem District. .. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus directing the respondent to issue any post according to the petitioner's educational qualification as per the petitioner's representation dated 14.03.2018. For Petitioner : Mr.M.Thamizhavel For Respondent : Mr.A.N.Thambi Durai Special Government Pleader

O R D E R

The relief sought for in the present writ petition is for a direction to the respondents to appoint the petitioner in any post according to the petitioner's educational qualifications, taking into consideration the petitioner's representation dated 14.03.2018.

2. The representation dated 14.03.2018, which is addressed to the Commissioner, Salem, states that the writ petitioner is in indigent circumstances and her father who was employed as Head Constable of Police, died while in service on 08.03.2007. The mother of the writ petitioner is also living along with her. Under these circumstances, the writ petitioner in her representation dated 04.10.2007 has stated that she must be provided with an order of appointment on compassionate grounds. The writ petition is filed seeking for a direction to the respondents to appoint the petitioner in any suitable post.

3. It is pertinent to note that earlier a writ petition was filed in W.P.No.26917 of 2013 by the brother of the petitioner https://hcservices.ecourts.gov.in/hcservices/

seeking to quash the order of rejection issued by the Commissioner of Police, Salem, in proceedings dated 27.03.2012 and to direct the respondents to appoint the writ petitioner therein in a suitable post on compassionate grounds.

4. It is pertinent to note that the earlier writ petition in W.P.No.26917 of 2013 filed by the present learned counsel for the petitioner, was dismissed by this Court on 15.11.2017. The writ petitioner, after the dismissal of the earlier writ petition, submitted another representation on 14.03.2018, which was also rejected by the respondent and challenging which, the present writ petition is filed.

5. Such a course of action taken by the writ petitioner through the very same learned counsel is nothing but abuse of judicial process and the very approach of the writ petitioner as well as her brother by filing writ petition on the same cause of action is to be deprecated. No relief as such sought for in the present writ petition can be granted. Though this Court intends to impose cost, taking a lenient view and considering the fact that the writ petitioner is a poor person, no cost is awarded.

6. Accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssb To The Commissioner of Police, Salem, Salem District.

W.P.No.9438 of 2019 SSI(CO) SSM(21/05/2019).

https://hcservices.ecourts.gov.in/hcservices/