A.Muthu Mariappan v. The Deputy Inspector General Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI A.Muthu mariappan
...Petitioner
Vs.
1. The Deputy Inspector General of Police, The Office of DGP, (South Zone), Madurai.
2. The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 1st respondent to consider the representations dated 09.01.2024 and 22.02.2024 preferred by the petitioner for revocation of suspension within the period that may be stipulated by this Court.
For Petitioner : Mr.B.Janath Ahmed @ B.Janarth Kumar For Respondents : Mr.J.K.Jeyaseelan, Government Advocate 1/5
ORDER
By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
2. The present writ petition has been filed seeking direction to the 1st respondent to consider the representations dated 09.01.2024 and 22.02.2024 preferred by the petitioner for revocation of suspension.
3. The brief facts which are necessary for the disposal of this Writ Petition is as follows:- The petitioner joined in the Police Department as Constable (G2) on 25.05.1988 and further promoted as SSI and SI. He was visited with an order of suspension by the respondent department vide proceedings, dated 12.04.2023. However, even after the passage of more than eleven (11) months and the same is not revoked so far. In view of the same, the petitioner made a representation on 09.01.2024 and 22.02.2024 requesting the 1st respondent to revoke his 2/5
suspension. However, the same was not considered by the respondents. Hence, this writ petition came to be filed.
4. Heard, the learned Counsels on either sides. Carefully perused the materials available on record.
5. 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 respondent 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, nonconsideration of the representation made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.
6. Without going into the merits of this case that this Court hereby direct the 1st respondent to consider the petitioner's representation dated 09.01.2024 and 22.02.2024 and pass appropriate orders in accordance with law within a period of ten (10) weeks from the date of receipt of a copy of this order. 3/5
7. Accordingly, this Writ Petition stands disposed of. No costs. 18.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes Sml To
1. The Deputy Inspector General of Police, The Office of DGP, (South Zone), Madurai.
2. The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar.
4/5
L.VICTORIA GOWRI, J.
Sml 18.03.2024 5/5