K.Govindasamy v. The Director General Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.DURAISWAMY W.A.(MD).No.11 of 2018 K.Govindasamy ... Appellant/Petitioner Vs.

1.The Director General of Police, Mylapore, Chennai-600 004.

2.The Deputy Inspector General of Police, Tirunelveli Range, Tirunelveli.

3.The Superintendent of Police, Tirunelveli District, Tirunelveli.

4.The Superintendent of Police, Kanyakumari District, Nagercoil. ... Respondents/Respondents PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act to set aside the order dated 10.08.17 passed in W.P.(MD).No.14968 of 2017.

Prayer in WP(MD)No. 14968/ 2017 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Certiorarified Mandamus call for the records relating to the impugned memo vide C.No.B2/23658/2017 dated 30.05.2017 and quash the same and consequently direct the 4th respondent to provide break down details for the amount of Rs.5,919/- and of Rs.15,704/-. For Appellant : Mr.S.Siva Kumar For Respondents : Mr.M.Jeya Kumar Additional Government Pleader for RR-1 to 4

JUDGMENT

(Judgment of the Court was made by HULUVADI G.RAMESH,J.) This writ appeal has been filed to set aside the order dated 10.08.17 passed by this Court in W.P.(MD).No.14968 of 2017.

2.While disposing of the writ petition, the learned Single Judge, in the order dated 10.08.2017, has observed as follows: "3.Today, the present writ petition has been filed repeating the same prayer, for which, he has already filed a writ petition in W.P.(MD).507/2015 seeking a direction to the fourth respondent to provide break up details. The same prayer has been again made in the present writ petition. Therefore, this Court is unable to find any substance whatsoever to entertain the present writ petition.

4.Therefore, when the petitioner has filed a writ petition in W.P.(MD).No.507/2015, for the very same prayer keeping the said writ petition, he cannot come to this Court once again repeating the same prayer. Accordingly, the writ petition fails, and the same is dismissed. No costs. Consequently, connected miscellaneous petition is closed."

3.In spite of passing of the above order, the petitioner has approached this Court by way of this appeal, stating that the learned Singe Judge has failed to consider the fact that the prayers made in W.P.(MD).No.507 of 2015 and W.P.(MD).No.14968 of 2017 are different. Hence, he prayed for setting aside the order of dismissal passed by the learned Single Judge. 4.Heard the learned Additional Government Pleader in this regard. He submitted that suitable orders may be passed. 5.Considering the above submissions, the petitioner is directed to submit his representation on the earlier order, before the respondent/authority concerned, by indicating the changes, if any happened, after disposing of the writ petition, who shall consider the same and take appropriate action in accordance with law.

6.Accordingly, this writ appeal is disposed of. No costs. Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar(CS-III) To

1. The Director General of Police, Mylapore, Chennai-600 004.

2. The Deputy Inspector General of Police, Tirunelveli Range, Tirunelveli.

3. The Superintendent of Police, Tirunelveli District, Tirunelveli.

4. The Superintendent of Police, Kanyakumari District, Nagercoil.

+1CC to Mr.S.Siva Kumar, Advocate, SR.No.74592 +1CC to the Special Government Pleader SR.No.74840 W.A.(MD).No.11 of 2018 24.07.2018 VS ES/KK/SKN/RSK/SAR 3/21.08.2018/3P/7C