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Madras High CourtWP(MD)/12390/2018disposed of

P.Mariappan v. The Additional Director

2018-06-12Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2018 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P(MD)No.12390 of 2018 P.Mariappan ... Petitioner Vs.

1.The Additional Director General of Police, Law and Order, Chennai.

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

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

... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to dispose the petitioner's revision application dated 22.06.2017 in reference No.027254/2017 pending before him. For Petitioner : Mr.M.Subash Babu For Respondent : Mr.K.Saravanan, G.A.

O R D E R

The prayer sought for in this writ petition is for a writ of mandamus, directing the 1st respondent to dispose the petitioner's revision application dated 22.06.2017 in reference No.027254/2017 pending before him.

2.Heard Mr.M.Subash Babu, learned counsel for the petitioner and Mr.K.Saravanan, learned Government Advocate appearing for the respondents.

3.The learned counsel appearing for the petitioner would submit that as against the punishment awarded by Disciplinary Authorities, an appeal was filed and the appeal was also dismissed, as against which, a revision was filed before the first respondent and the same can be directed to be decided by the first respondent, within a time frame.

4.Per contra, the learned Government Advocate appearing for the respondents would submit that the said revision was filed before the first respondent, whereas, the power to pass order on revision or mercy petition is available with the Director General of Police, Tamil Nadu and this has been communicated by the third respondent vide his proceedings dated 28.05.2018 to the petitioner and a copy of the same also is produced before this Court. https://hcservices.ecourts.gov.in/hcservices/

5.In view of the above position, the learned counsel appearing for the petitioner would submit that this writ petition may be disposed of with a liberty to the petitioner to file a fresh petition/revision/mercy petition to the Director General of Police. 6.Considering the said submissions made by the learned counsel for the petitioner as well as the respondents, this writ petition is disposed of with the following direction:

"The petitioner is permitted to file a fresh petition/revision/mercy petition before the Director General of Police, Tamil Nadu, within a period of two weeks from the date of receipt of a copy of this order and on filing of such petition, it is for the Director General of Police, Tamil Nadu, to decide the same on merits and in accordance with law, within a period of six weeks thereafter."

7.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To 1.The Director General of Police, Tamil Nadu, Chennai.

2.Additional Director General of Police, Law and Order, Chennai.

3.The Deputy Inspector General of Police, Madurai Range, Madurai.

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

+1cc to M/S.M.Subash Babu, Advocate SR.No. 68040 +1cc to Special Government Pleader, SR.No. 67993 W.P(MD)No.12390 of 2018 12.06.2018 arul JM/SV MMS/SAR 1/29.06.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/