T.Thirumurthy v. Union Of India Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 19/3/2025 C O R A M The Hon'ble Ms.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition No.33179 of 2023 a n d W.M.P.No.32875 of 2023 T. Thirumurthy ...

Petitioner Vs

1. Union of India rep. By The General Manager Southern Railway Chennai 600 003.

2. The Principal Chief Security Commissioner R.P.F.Southern Railway Moor Market Complex, 6th Floor Park Town Chennai 600 003.

3. The Senior Divisional Security Commissioner M.A.S Southern Railway D.R.M.Complex, 5th Floor Park Town Chennai 600 003.

4. The Assistant Security Commissioner R.P.F.

Thiruvananthapuram 14.

...

Respondents 1/4

PRAYER:

Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records pertaining to the order dated 2/12/2020 passsed by the Senior Divisional Security Commissioner, Chennai 600 003/third respondent communicated to the petitioner on 4/12/2020 in No.M/XP 677 (W.P.No.10167 of 2020) and quash the same.

For petitioner ...

Mr.M.Gnanasekar For respondents ...

Mr.Prasad Vijayakumar Senior Panel Counsel for R.R.1 to 3.

No appearance for R.4.

- - - - -

O R D E R

This writ petition has been filed to quash the order dated 2/12/2020 passed by the third respondent in M/XP 677.

2. Heard Mr.M.Gnanasekar, learned counsel for the petitioner and Mr.Prasad Vijayakumar, learned Senior Panel Counsel for the respondents 1 2/4

to 3. There is no representation on behalf of the fourth respondent.

3. The learned Senior Panel Counsel appearing for the respondents 1 to 3 would submit that in the light of the superannuation of the petitioner, question of Voluntary Retirement does not arise.

4. A bare reading of the materials available on record would show that the impugned order was passed on 2/12/2020 and the writ petition was filed after three years. Moreover, the petitioner is about to retire on 31/3/2025 on account of superannuation. Hence, his request for voluntary retirement cannot be considered at this stage. In such a view of the matter, nothing survives for further adjudication in this matter.

5. In the result, this writ petition is closed. No costs. Consequently, connected Miscellaneous Petition is closed.

19/3/2025 mvs.

Index: Yes/No 3/4

V.BHAVANI SUBBAROYAN,J mvs.

To

1. The General Manager Union of India Southern Railway Chennai 600 003.

2. The Principal Chief Security Commissioner R.P.F.Southern Railway Moor Market Complex, 6th Floor Park Town Chennai 600 003.

3. The Senior Divisional Security Commissioner M.A.S Southern Railway D.R.M.Complex, 5th Floor Park Town Chennai 600 003.

4. The Assistant Security Commissioner R.P.F.

Thiruvananthapuram 14.

4/4

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