Murugesan.A v. The Deputy Inspector General Of Police

W.P.[MD]No.6463 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.[MD]No.6463 of 2021 A.Murugesan ... Petitioner Vs.

1.The Deputy Inspector General of Police, Madurai Region, Madurai.

2.The Superintendent of Police, Virudhunagar District, Virudhunagar.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to dispose of appeal dated 11.07.2019 submitted by the petitioner in person, as against the order of punishment issued by the second respondent within the time limit that may be stipulated by this Court.

For Petitioner : Mr.G.Thalaimutharasu For Respondents : Mr.A.Muthukaruppan Additional Government Pleader

O R D E R

*********** By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.Since the petitioner's request to the first respondent to dispose of appeal dated 11.07.2019 submitted by the petitioner in person, as against the order of punishment issued by the second respondent was not considered, the Writ Petition has been filed. According to the petitioner, he has made a representation in this regard on 09.09.2020, which is still pending. 3.It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

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W.P.[MD]No.6463 of 2021 4.In the light of the above observations, it would be appropriate to direct the first respondent to dispose of the appeal dated 11.07.2019, within a stipulated time and thereby the ends of justice could be secured. It is made clear that this Court has not expressed any of its view with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits.

5.Accordingly, there shall be a direction to the first respondent to dispose of the appeal dated 11.07.2019, on its own merits, if not already disposed of and pass appropriate orders in accordance with law, within a period of three [3] months from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) MR NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Deputy Inspector General of Police, Madurai Region, Madurai.

2.The Superintendent of Police, Virudhunagar District, Virudhunagar.

+1 CC to M/s.SPL GP ( SR-13318[F] dated 24/03/2021 ) W.P.[MD]No.6463 of 2021 23.03.2021 RK (24.04.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2