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Madras High CourtWP/31538/2023disposed of

A.Rahamathulla v. The Superintendent Of Police

2023-11-02Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and WMP o.31172 of 2023 A.Rahamathulla Khan

...Petitioner

-Vs1. The Superintendent of Police.

Cuddalore District.

Cuddalore.

2. The Director General of Police and Head of Police Force, Law and Order, Chennai-4.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus to call for the records of the respondents in connection with the impugned order passed by the 1st respondent in C.No.A1/E-886196/2020 dated 01/01/2021 and quash the same and direct the respondents to consider the claim of the petitioner to give effect to the punishment prospectively w.e.f.15.07.1999 from the date of the punishment as Head Constable and grant him all consequential benefits in the light of the representation made by the petitioner on 17.07.2023 to grant all consequential and monetary benefits. 1/4

For Petitioners : Mr.K.Venkataramani Senior Counsel for Mr.M.Muthappan For Respondent : Mr.V.Manoharan Addl. Govt. Pleader for R.1 & 2

ORDER

Heard Mr.K.Venkataramani, learned Senior counsel for the petitioner and Mr.V.Manoharan, learned Additional Government Pleader for the respondents. With the consent of both sides, the main writ petition has been taken up for final disposal.

2. As against the order passed by the Superintendent of Police dated 07.01.2021, the petitioner had already preferred an appeal before the Director General of Police on 17.07.2023, which is said to be pending.

3. When the petitioner has already preferred an appeal, it would not be appropriate e for this Court to parallely adjudicate the present writ petition and on the other hand, if the Director General of Police is directed to dispose of the appeal within a stipulated time, ends of justice would be met.

4. The learned Senior Counsel for the petitioner submits that though the 2/4

petitioner has challenged the order of the Superintendent of Police, he would be satisfied if a direction is given to the Director General of Police to dispose o the appeal.

5. Accordingly, there shall be a direction to the Director General of Police and Head of Police Force, the second respondent herein to dispose of the appeal within a period of three months from the date of receipt of a copy of this order.

6. With the above direction, the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 02.11.2023 Index:Yes/No Internet:Yes/No sr To

1. The Superintendent of Police.

Cuddalore District.

Cuddalore.

2. The Director General of Police and Head of Police Force, Law and Order, Chennai-4.

3/4

M.S.RAMESH,J.

Sr 02.11.2023 4/4