V.Vilvadurai v. The Director General Of Police And Head Of Police Force,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.08.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA and WMP.No.34082 of 2025 V.Vilvadurai ... Petitioner Vs.
1. The Director General of Police and Head of Police Force Dr. Radhakrishnan Salai Mylapore, Chennai - 4.
2.The Additional Director General of Police Armed Police, Kilpauk, Chennai -10.
3The Deputy Inspector General of Police Kilpauk, Chennai -10.
4.The Commandant TSP XIII Battalion Tamil Nadu Disaster Response Force (TNDRF) Poonamallee, Chennai - 56 5.The Commandant TSP VII Battalion Pochampalli, Krishnagiri District.
...Respondents
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Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, calling for the records of the 4th Respondent in connection with the impugned orders passed in A4/PR No.10/2011 in B.O.No.374/2023 dated 10/10/2023 and Na.Ka.No.A2/57/323/2023 in BO NO.155-A/2024 dated 26/03/2024 and the consequential order passed by the 5th Respondent in Na.Ka.No.A2/9249/2023 in BO No.276/2024 dated 23/07/2024, quash the same and direct the Respondents to promote and restore the seniority of the Petitioner in the cadre of Havildar and grant him all consequential service and monetary benefits and grant such other further relief as this Hon'ble Court may deem fit in the circumstances of the case and thus render justice.
For Petitioner : M/s.M.Muthappan For Respondents : M/s.G.Nanmaran, Spl.GP.
for R.1 to R.5
O R D E R
The above Writ Petition is filed for the following reliefs:- "cailing for the records of the 4th Respondent in connection with the impugned orders passed in A4/PR No.10/2011 in B.O.No.374/2023 dated 10/10/2023 and 2/7
Na.Ka.No.A2/57/323/2023 in BO NO.155-A/2024 dated 26/03/2024 and the consequential order passed by the 5th Respondent in Na.Ka.No.A2/9249/2023 in BO No.276/2024 dated 23/07/2024, quash the same and direct the Respondents to promote and restore the seniority of the Petitioner in the cadre of Havildar and grant him all consequential service and monetary benefits and grant such other further relief as this Hon'ble Court may deem fit in the circumstances of the case and thus render justice."
2. The petitioner was appointed as a Grade II Police Constable on 16.11.2009 after successfully passing the test conducted by the Tamil Nadu Uniformed Services Recruitment Board. He was subsequently promoted to the rank of Naik on 03.10.2018 and Havaldar on 18.03.2021. However, pursuant to the impugned orders, the petitioner was reverted to the post of Grade II Constable (Lance Naik). It is the case of the petitioner that the impugned orders have been passed without issuing notice to him and without giving him an opportunity to put forth his case. Hence, the Writ Petition.
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3. Heard the learned counsel on either side and perused the records.
4. A mere perusal of the impugned orders would clearly show that they were passed without issuing notice to the petitioner and without affording him an opportunity to put forth his case. Therefore, without going into the merits of the case, taking note of the fact that there has been a gross violation of the principles of natural justice, the Writ Petition is allowed. The impugned orders dated 10.10.2023, 26.03.2024 and 23.07.2024 are set aside and the matter is remitted back to the 4th respondent for fresh consideration. The 4th respondent shall issue notice to the petitioner and give him a personal hearing and thereafter pass a speaking order within a period of 2 months from the date of receipt of a copy of this order. No costs. Consequently, the connected Miscellaneous Petition is closed.
13.08.2025 (shr) Index : Yes/No Speaking Order: Yes/No 4/7
To
1. The Director General of Police and Head of Police Force Dr. Radhakrishnan Salai Mylapore, Chennai - 4.
2.The Additional Director General of Police Armed Police, Kilpauk, Chennai -10.
3The Deputy Inspector General of Police Kilpauk, Chennai -10.
4.The Commandant TSP XIII Battalion Tamil Nadu Disaster Response Force (TNDRF) Poonamallee, Chennai - 56 5.The Commandant TSP VII Battalion Pochampalli, Krishnagiri District.
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P.T. ASHA . J., (shr) and WMP.No.34082 of 2025 13.08.2025 6/7
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