Madras High CourtWP(MD)/1707/2019disposed of

S.Gajendran, Superintendent, v. The Director General Of Police

2019-04-26Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE. R.MAHADEVAN W.P.(MD)No.1707 of 2019 and WMP(MD)No.1461 of 2019 S.Gajendran .. Petitioner Vs.

1.The Director General of Police of Tamil Nadu, Office of the D.G.P.of Tamil Nadu, Kamarajar Salai, Mylapore, Chennai - 600 004.

2.The Additional Director General of Police, (Administration), Office of D.G.P. of Tamil Nadu, Mylapore, Chennai - 600 004.

3.S.Malarvizhi, Superintendent, Police Tech. Services Branch, Chennai.

4.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

.. Respondents PRAYER : Writ Petition is filed under Article 226 of Constitution of India, to issue a writ of Mandamus directing the respondents to consider the petitioner's representation dated 15.11.2018 and refix the seniority of the petitioner's Application for transfer to the Office of the Superintendent of Police, Ramanathapuram from 19.02.2018 by placing the petitioner above his junior Mrs.Malarvizhi (date of joining at Chennai on 19.02.2018) and consequently transfer the petitioner to the Office of the Superintendent of Police, Ramanathapuram.

For Petitioner : Mr.A.Thirumurthy For Respondents : Mr.Angappan Government Advocate

ORDER

This writ petition has been filed seeking a direction to the respondents to consider the request of the petitioner for transfer and posting him in the Office of the Superintendent of Police, Ramanathapuram on par with his junior one Malarvizhi, based on the representation dated 15.11.2018. 2.Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents. 3.According to the petitioner, he made an application dated 22.10.2018 before the first respondent to place his name in the top of waiting list of his juniors and also sought transfer in the Office of the Superintendent of Police, Ramanthapuram District. Since the first respondent has not refixed the petitioner's seniority for transfer, he made a representation dated 15.11.2018 seeking the very same relief. However, the petitioner's case has not been considered till date. Hence, the petitioner is before this Court, seeking the aforementioned relief.

4.The learned Government Advocate for the respondents, on instructions, submitted that the representation of the petitioner would be considered on merits and appropriate orders be passed. 5.In view of the above submission, this Court, without going into the merits of the case, directs the respondents 1 and 2 to consider the representation of the petitioner dated 15.11.2018 in one way or the other and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner.

6.The writ petition is disposed of with the above direction. No costs. Consequently, WMP(MD)No.1461 of 2019 is closed.

Sd/- Assistant Registrar(WRITS) // True Copy // Sub Assistant Registrar(CS) mj To 1.The Director General of Police of Tamil Nadu, Office of the D.G.P.of Tamil Nadu, Kamarajar Salai, Mylapore, Chennai - 600 004.

2.The Additional Director General of Police, (Administration), Office of D.G.P. of Tamil Nadu, Mylapore, Chennai - 600 004.

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

+1CC TO MR.A.THIRUMURTHY, Advocate Sr. No.63134 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No.63616 W.P.[MD].No.1707 of 2019 26.04.2019 MA(CO) TR (18.06.2019) 3P 6C