Marudhachalam (Died) v. Deputy Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and M.P(MD)No.1 of 2007 Marudhachalam(died) 2.M.Senthilkumar 3.M.Sivakumar 4.Rukmani Devi ... Petitioners (P2 to P4 are impleaded vide Court order dated 04.09.2023 in W.M.P(MD)No.18003 of 2023 in W.P(MD)No.8446 of 2007 by SSSRJ and DBCJ) -vs1.The Deputy Commissioner of Police, Law and Order, Tiruchirapalli.

2.Assistant Commissioner of Police, Law and Order, Cantonment Circle, Tiruchirapalli.

3.Neelavathy @ Neela 4.Shanmugam ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for the records pertaining to the proceedings passed by the first respondent in No:PR.No.H1/49/2004 under Rule 3(b) of TNPSS Rules dated 08.10.2007 and quash the same as illegal, arbitrary, void and unconstitutional. For Petitioner :

Mr.S.K.Mani For R-1 & R-2 :

Mr.P.T.Thiraviyam, Government Advocate

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Challenge in this writ petition is to the punishment imposed on the petitioner in the disciplinary proceedings upon a finding that he is guilty of an offence of bigamy.

2. There was a civil litigation between the two wives of the petitioner in O.S.No.27 of 2000 on the file of the Principal District Munsif Court, Karur, wherein one Neelavathy @ Neela made a claim that she is the legally wedded wife of the petitioner in the writ petition. She termed the fifth defendant in the suit namely Tmt.Pappa is the second wife and claimed that the marriage is invalid. The said suit was decreed granting

declaration. Aggrieved, the fifth defendant Tmt.Pappa filed an appeal in A.S(MD)No.37 of 2004. The learned appellate Judge found that the petitioner had married twice. But, he has held that the marriage of the fifth defendant preceded the marriage of the plaintiff in the suit. Therefore, the plaintiff is not entitled to declaration. Hence, the suit filed by Neelavathy @ Neela was dismissed. A second appeal was filed by Neelavathy @ Neela in S.A(MD)No.829 of 2006. Today, we have dismissed the appeal for non-prosecution. The fact that the petitioner has married twice, has been affirmed by the civil Court also. Therefore, we do not see any scope for interference with the impugned order of punishment which is impugned in the writ petition. The writ petition fails and it is accordingly dismissed. No Costs. Consequently, connected Miscellaneous Petition is closed.

[R.S.M., J.] [L.V.G., J.] 20.08.2024 NCC :

Yes/No Index :

Yes/ No Internet :

Yes PM

To:

1.The Deputy Commissioner of Police, Law and Order, Tiruchirapalli.

2.Assistant Commissioner of Police, Law and Order, Cantonment Circle, Tiruchirapalli.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

pm 20.08.2024