Madras High CourtWP/13411/2018disposed of

D.S. Vasantha Kumar v. The Assistant Inspector

2018-07-05Honourable Mr Justice Satrughana Pujahari3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.07.2018

CORAM

THE HONOURABLE MR.JUSTICE SATRUGHANA PUJAHARI W.P.No.13411 of 2018 D.S.Vasantha Kumar ...

Petitioner ..vs..

1. The Assistant Inspector General of Police (Administration) O/o Director General of Police, Dr.Radhakrishnan Salai

2. The Additional Director General of Police (Administration) O/o Director General of Police,

3. The Director General of Police Tamil Nadu ...

Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus to direct the respondents to pass orders on the mercy petition made by the petitioner dated 09.04.2018 within a reasonable time. For Petitioner : Mr.M.Muthappan For Respondents: Mr.V.Kadhirvelu Special Government Pleader (R1 to R3)

ORDER

The petitioner having been found guilty in the disciplinary proceedings, was terminated from service, which was also upheld by the appellate authority. Against which, the petitioner has filed this mercy petition before the third respondent on

10.04.2018 which is stated to be pending. Therefore, he has filed this Writ Petition seeking for a direction to the respondents dispose of such mercy petition within a stipulated period.

2. Though, Mr.V.Kadhirvelu, learned Special Government Pleader accepted notice on behalf of the respondents no counter affidavit has been filed by the respondents till date.

3. However, considering the limited nature of relief sought for by the petitioner, this Court is of the view that no useful purpose is going to be served in seeking counter affidavit from the respondents.

4.In view of the same, this Writ Petition is disposed of with a direction to the third respondent to dispose of the mercy petition on merits and in accordance with law, if there is no legal impediment, within a period of six weeks from the date of receipt of a copy of this order. However, it is made clear that this Court has not expressed any opinion on the merits of the mercy petition. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar arr To

1. The Assistant Inspector General of Police (Administration) O/o Director General of Police, Dr.Radhakrishnan Salai

2. The Additional Director General of Police (Administration) O/o Director General of Police,

3. The Director General of Police Tamil Nadu +1cc to the Government pleader Sr.44957 WP.No.13411 of 2018 srg 25/07/2018