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Madras High CourtWP(MD)/1028/2020dismissed

D.Lakshmana Raj v. State Of Tamilnadu

2022-04-20Honourable Mr Justice S.M. Subramaniam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Tuesday, the Fifth day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice S.M.SUBRAMANIAM D.Lakshmana Raj S/o.K.S.Durairaj 54 St.Mathew Street Sports View Garden Palayamkottai - 627 002 ... Petitioner .Vs.

1.State of Tamilnadu Rep.By its Secretary to Home Department , Secretariat, Fort St George, Chennai

2. The Director of General of Police, Beach Road, Chennai

3. The Deputy Inspector General of Police, Tirunelveli Range, (Disciplinary Authority), Tirunelveli.

4. The Deputy Inspector General of Police, Madurai Range, (Enquiry Officer) Madurai.

5. I. Eswaran, S/o. Iyyanar, Deputy Commissioner of Police, Ambathur, Chennai.

6. M. Chandrapaul, S/o. Munickam, No.140, Vasantha Illam, Iswarya Garden, Park Road, Keelaramanpudhur, Nagercoil 629 002, Kanyakumari District...

Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of mandamus forbearing the Respondents from initiating the disciplinary proceedings against the petitioner relating to the occurrence alleged in S.C.No.195/211 on the file of Additional Sessions Court, Tenkasi in pursuant to the charge memo in P.R.No.118/20009 without initiating proceedings against the said Mr.Eswaran and Mr.Chandrapaul by considering the petitioner representation dt 14/09/2019.

To D.Lakshmana Raj S/o.K.S.Durairaj 54 St.Mathew Street Sports View Garden Palayamkottai-627 002 Through, THE PRINCIPAL DISTRICT JUDGE, TIRUNELVELI Whereas upon this day the Hon`ble Court while hearing the matter has passed an order as follows:

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"The learned counsel appearing for the fifth respondent brought to the notice of this Court that the very same petitioner D.Lakshmana Raj filed another writ petition in W.P.(MD) No.15256 of 2021 seeking same relief verbatim and the said writ petition was dismissed by this Court on 08.03.2022. 2.

The learned counsel appearing for the petitioner is not aware of the other writ petition filed by the very same petitioner as it was filed by the different counsel. Such a practice of litigants amounts to abuse of judicial process of law and therefore, the petitioner is directed to appear before this Court on 08.04.2022 at 10.30 a.m. and explain on what circumstances, he filed two writ petitions on the same prayer by engaging two different counsels.

3.

The learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents 1 to 4 are directed to inform this order to the petitioner today itself either over phone or through electronic mode of communication.

4. Post on 08.04.2022 for orders."

Whereas it is expedient in the interest of justice that the personal appearance of the D.Lakshmana Raj, S/o.K.S.Durairaj, Palayamkottai is necessary before the Madurai Bench of Madras High Court, Madurai at 10.30 A.M on 08/04/2022.

In this connection you, namely D.LAKSHMANA RAJ S/o.K.S.Durairaj 54 St.Mathew Street Sports View Garden Palayamkottai-627 002 be and hereby is directed to appear in person before the Madurai Bench of Madras High Court, Madurai at 10.30 a.m on 08/04/2022. HEREIN FAIL NOT, WITNESS The Hon`ble Mr. Justice MUNISHWAR NATH BHANDARI, The Chief Justice of the High Court of Judicature at Madras on 05/04/2022. ASSISTANT REGISTRAR(T & P) 2/3

ORDER DATED : 05/04/2022 HEARING DATE : 08/04/2022 ========================== SUMMONS ========================== KMK(CO) TR(06.04.2022) 3P 3C 3/3