R.Sakthivel v. The Government Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.06.2018 CORAM :

THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN W.P. No.13678 of 2008 and M.P.No. 1 of 2008 & M.P.No. 1 of 2009 R.Sakthivel

...Petitioner

Vs.

1. The Government of Tamil Nadu, Rep. by the Secretary to Government, Home(Police IV-A) Department, Fort St. George, Chennai - 9.

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

3. The Commissioner of Police, Egmore, Chennai - 600 008.

...Respondents

Prayer: The writ petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent relating to G.O. (2D) No. 35 Home ( Police IVA) Department dated 24.01.2008 and quash the same as illegal and without jurisdiction, and consequently direct the 1 st respondent to promote the petitioner forthwith to the post of Inspector of Police with effect from the petitioner forthwith to the post of Inspector of Police with effect from the date on which his immediate Junior was promoted with all attendant service and monetary benefits and pass orders.

For Petitioner :Mr.K.Sasidharan For Respondents :Mr.R.S.Selvam (Government Advocate)

ORDER

The petitioner prays to call for the records of the the 1st respondent relating to G.O. (2D) No. 35 Home ( Police IVA) Department dated 24.01.2008 and quash the same as illegal and without jurisdiction, and consequently direct the 1st respondent to promote the petitioner forthwith to the post of Inspector of https://hcservices.ecourts.gov.in/hcservices/

Police with effect from the date on which his immediate Junior was promoted with all attendant service and monetary benefits.

2. It is the case of the petitioner that while he was working as Sub Inspector of police in J3 Guindy Traffic Investigation Wing, Guindy, Chennai City Police, he was issued with a charge memo in departmental enquiry No.151/93 dated 14.06.1994 for certain allegations. Aggrieved over the said memo the petitioner has filed this writ petition. 3.When the matter is listed today, the learned counsel for the petitioner submits that the petitioner is no more and the writ petition has become infructuous. He has also made an endorsement to the following:

"It is instructed that the petitioner died and we could not contact the legal heirs and have no instruction. It seems the matter become infructuous and the same be dismissed."

4. In view of the above submission and endorsement made by the learned counsel for the petitioner, this Writ Petition is dismissed as infructuous No costs. Consequently, connected miscellaneous petitions are closed.

-s/d- Assistant Registrar(CS-IX) True Copy Sub-Assistant Registrar To.

1. The Government of Tamil Nadu, Home(Police IV-A) Department, Fort St. George, Chennai - 9.

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

3. The Commissioner of Police, Egmore, Chennai - 600 008.

+1 CC to Govt. Pleader sr 38310.

W.P. No.13678 of 2008 and M.P.No. 1 of 2008 M.P.No. 1 of 2009 SP(10/08/2018) https://hcservices.ecourts.gov.in/hcservices/