← Library
Madras High CourtWP/27410/2014dismissed as withdrawal

A.Muthuselvan v. The State Of Tamil Nadu

2024-04-22Honourable Mrs Justice R. Kalaimathi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2024

CORAM

THE HONOURABLE MRS. JUSTICE R.KALAIMATHI W.P.No.27410 of 2014 and M.P.Nos.1 & 2 of 2014 1.A.Muthuselvan 2.C.Rajendran 3.S.Mohanraj 4.K.Paramasivam 5.P.Nagaraj 6.M.Nagarathinam 7.S.Arjunan 8.K.Gopi 9.Arun Rao 10.K.Jayaseelan 11.K.Gajendran 12.K.Ravi ...

Petitioners vs.

1.The State of Tamilnadu rep. by its Secretary to Government, Department of Home (Police), Secretariat, Ft.St. George, Chennai 600 009.

2.The Director General of Police, Kamarajar Salai,

Mylapore, Chennai 600 004.

3.The Additional Director General of Police, Armed Police, Chennai 600 004.

4.The Commandant, TSP V-Bn, Tamilnadu Special Police, Battalian V, Avadi, Chennai 600 109.

...

Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus calling for the records pertaining to the order of recovery made in Na.Ka.No.B3/5463/2014A.Aa.566/2014 dated 26.08.2014 passed by the 4th respondent, quash the same in so far as the petitioners are concerned, and consequently direct the respondents to pay the Travelling Allowance for the remaining period of 18 days at the rate of Rs.80/- per day for 2014 Lok Shaba Election duties within the time fixed by this Court.

For Petitioners : Mr.R.Adithya Shri for Mr.N.Manokaran.

For respondents : Mrs.C.Sangamithirai, Special Government Pleader

ORDER

Writ of certiorarified mandamus has been filed to revoke the order of recovery made by the 4th respondent, directing the respondents to pay Travelling Allowance of Rs.80/- per day for the remaining period of 18 days at the rate of Rs.1440/- [Rupees One Thousand Four Hundred and Forty only].

2.

Mr.R.Adithya Shri, representing counsel [Enrollment No.4507/2023] for Mr.N.Manokaran, appearing for the petitioners has filed a memo dated 22.04.2024.

3.

The details of the memo are as follows:

"Pending Writ Petition, the petitioners 5,9,10 & 12 had expired. the legal heirs of the petitioners 5,9,10 & 12 are not willing to prosecute the above Writ Petition. Further, the other petitioners 1 to 4, 8 and 11 are also not willing to prosecute the matter.... "

4.

Mrs.C.Sangamithirai, learned Special Government Pleader for the respondents 1 to 4 is present.

5.

The petitioners No.5,9,10 & 12 are reported dead. The legal heirs of the said deceased petitioners and other petitioners are not willing to prosecute the matter. Recording the details of the said memo, the writ petition stands dismissed as abated in respect of writ petitioners No.5, 9, 10 & 12. With regard to other writ petitioners No.1 to 4, 8 and 11 the Writ Petition stands dismissed as withdrawn. There shall be no order as to costs. Consequently connected miscellaneous petitions stand closed, if any.

22.04.2024 Internet : Yes Index : Yes/No Speaking order/Non-speaking order Neutal: Yes /No jrs

To 1.The State of Tamilnadu rep. by its Secretary to Government, Department of Home (Police), Secretariat, Ft.St. George, Chennai 600 009.

2.The Director General of Police, Kamarajar Salai, Mylapore, Chennai 600 004.

3.The Additional Director General of Police, Armed Police, Chennai 600 004.

4.The Commandant, TSP V-Bn, Tamilnadu Special Police, Battalian V, Avadi, Chennai 600 109 3.The Section Officer, V.R.Section, High Court, Madras.

R.KALAIMATHI,J.

jrs W.P.No.27410 of 2014 and M.P.Nos.1 & 2 of 2014 22.04.2024