Madras High CourtWP(MD)/8584/2019disposed of

N.Krishna Raj, v. The Superintendent Of Police

2019-04-10Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10.04.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.8584 of 2019 and W.M.P.(MD)No.6703 of 2019 R.Krishna Raj ... Petitioner vs.

The Superintendent of Police, District Police Office, Tirunelveli-2 ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to pay the subsistence allowance periodically for every month without any fail in view of the currency of suspension of the petitioner's service from the post of Inspector of Police, Koodankulam Police Station, Tirunelveli District on the strength of the petitioner's representation, dated 27.11.2018. For Petitioner :

Mr.R.Anand For Respondent :

Mr.V.Anand Government Advocate

ORDER

The Writ Petition is filed seeking a direction to the respondent to pay the subsistence allowance periodically for every month without any fail, in view of the currency of suspension of the petitioner's service from the post of Inspector of Police, Koodankulam Police Station, Tirunelveli District, on the strength of the petitioner's representation, dated 27.11.2018.

2. Heard the learned Counsel for the petitioner and the learned Government Advocate, who takes notice for the respondents. By consent, the writ petition is taken up for disposal at the admission stage itself.

3. The case of the petitioner is that when he was working as an Inspector of Police at Koodankulam Police Station, due to some allegations, a criminal case has been registered and subsequently, he has been suspended from service from 25.04.2017. Though he was paid subsistence allowance till May 2018, thereafter, he has not been paid with subsistence allowance.

Hence, he made a representation dated 27.11.2018 to the respondent seeking subsistence allowance. However, no action is forthcoming from the https://hcservices.ecourts.gov.in/hcservices/

respondent. Therefore, the petitioner is before this Court by filing this writ petition.

4. The learned Government Advocate appearing for the respondent submitted that the representation of the petitioner would be considered by the respondent on merits, within a time frame as fixed by this Court.

5. Considering the facts and circumstances of the case, without going into the merits of the case, the respondent is directed to consider the representation of the petitioner, dated 27.11.2018, seeking subsistence allowance and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of four weeks from the date of receipt of a copy of this order.

6. The Writ Petition stands disposed of with the above direction. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) ssl To The Superintendent of Police, District Police Office, Tirunelveli-2.

+1CC TO MR.R.ANAND, Advocate Sr. No.60220 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No.60771 W.P(MD)No.8584 of 2019 and W.M.P.(MD)No.6703 of 2019 10.04.2019 SSL(CO) TR (03.05.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/