M.M.Ashok Kumar v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.12.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.42492 of 2016 and W.M.P.Nos.36384 and 36385 of 2016 M.M.Ashok Kumar ... Petitioner Vs 1.The State of Tamil Nadu Rep by the Principal Secretary to the Government Home Department Secretariat Fort St. George Chennai-600 009 2.The Director General of Police Office of the Director General of Police Post Box No.601 Dr.Radhakrishnan Salai Mylapore Chennai-600 004 3.Superintendent of Police Dindigul-Quaide-Millath Dist Dindigul 4.Additional Director General of Police (Admin.) Post Box No.601 Dr.Radhakrishnan Salai Mylapore Chennai-600 004 5.The Principal Police Training College, Vellore-5 6.The Principal Police Training College Ashok Nagar No.3 Natesan Road, Chennai-83 ... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 15.7.2015 and pass appropriate order(s) in accordance with law within a time bound manner preferably within a period of four weeks.

For Petitioner : Mr.M.Deivanandam For Respondents : Mr.C.Jagadish, Special Government Pleader

ORDER

By consent, the main writ petition itself is taken up for final disposal.

2. The petitioner has come up with the present writ petition for a mandamus, directing the respondents to consider his representation dated 15.7.2015 and pass appropriate orders in accordance with law within a time bound manner, preferably within a period of four weeks.

3. Though very many contentions have been raised in the affidavit filed in support of the writ petition, the main grievance of the petitioner is that there is discrepancy in the seniority list of Sub Inspector Cadets (1987-1988 Batch) issued vide circular numbered as RC.No.A1/363/10491/89 dated 30.4.1989 passed by the third respondent, whereby it has invalidly superseded the petitioner as well as several other deserving candidates in an arbitrary and unreasonable manner and in this regard, he sent a representation dated 15.7.2015 to the respondents to rectify the said discrepancy. Since the same was not considered, left with no other alternative, he has come up with the present writ petition.

4. I have heard the learned counsel appearing for the petitioner and the learned Special Government Pleader, who has taken notice on behalf of the respondents.

5. In view of the limited prayer sought for by the petitioner, without going into the merits of the claim projected by the petitioner, this Court directs the petitioner to give a fresh representation along with a copy of this order to the second respondent within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the second respondent is directed to to consider the said representation with regard to the discrepancy found in the seniority list of Sub Inspector Cadets (1987-1988 Batch) issued vide circular numbered as RC.No.A1/363/10491/89 dated 30.4.1989 passed by the third respondent and pass appropriate orders, on merits and in accordance with law, within a period of six weeks thereafter. The writ petition is disposed of accordingly. No costs.Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar

sbi To 1.The Principal Secretary to the Government Home Department Secretariat Fort St. George Chennai-600 009 2.The Director General of Police Office of the Director General of Police Post Box No.601 Dr.Radhakrishnan Salai Mylapore Chennai-600 004 3.The Superintendent of Police Dindigul-Quaide-Millath Dist Dindigul 4.The Additional Director General of Police (Admin.) Post Box No.601 Dr.Radhakrishnan Salai Mylapore Chennai-600 004 5.The Principal Police Training College, Vellore-5 6.The Principal Police Training College Ashok Nagar No.3 Natesan Road, Chennai-83 +1cc to Mr.M.Deivanandam, Advocate, S.R.No.71930 W.P.No.42492 of 2016 VSN(CO) CA(30/12/2016)