Manibalan v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2019
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Manibalan .. Petitioner Vs.
1. The Superintendent of Police, Tirunelveli District, Tirunelveli
2. The Deputy Superintendent of Police, Valliyoor Division, Tirunelveli District.
3.The Inspector of Police, Koodangulam Police Station, Tirunelveli District.
.. Respondents Prayer : This petition is filed under Article 226 of Constitution of India, to issue a writ of Mandamus directing the 1 to 3 Respondents particularly the 3rd respondent to issue Police Clearance Certificate to the petitioner by considering his representation dated 09.05.2019 For Petitioner : Mr.Niranjan.S.Kumar For Respondents : Mr.R.Anandharaj Additional Public Prosecutor
ORDER
The Writ Petition has been filed for issuance of a Writ of Mandamus to direct the 3rd respondent to issue Police Clearance Certificate to the petitioner by considering his representation dated 09.05.2019 .
2. The learned counsel for the petitioner would submit that the petitioner is working as a crane operator in Larsen and Toubro Ltd company at Kodangulam Atomic Plant. According to the rules of the company the petitioner has to get police clearance certificate from the third respondent to work in the Kodangulam Atomic Plant. 1/3
He would further submit that during the time of appointment in the year 2014, the petitioner got police verification certificate on 11.12.2014, which is valid upto 2017 only and accordingly he worked in the said atomic plant till 2017. Onceagain he applied for police verification certificate for the year 2018-2020, which was still pending for consideration.
3. The learned Additional Public Prosecutor would submit that the petitioner is involved in seven cases in respect of agitation in the Kodangulam Atomic Plant and infact the police has wrongly issued the police verification certificate.
4. Heard Mr.Niranjan.S. Kumar learned counsel appearing for the petitioner and Mr.R.Anandharaj, learned Additional Public Prosecutor appearing for the respondents.
5. The petitioner is a crane operator and now he is working under the Larsen and Toubro Ltd company at Kodangulam Atomic Plant and the persons who are working in the said Atomic plant should be verified by the police and then only they will be permitted to work inside the Atomic Plant. Therefore the petitioner has applied for police verification certificate and it was pending on the file of the third respondent.
6. It is also seen that the petitioner was already given police verification certificate dated 11.12.2014 upto the year 2017. But the learned Additional Public Prosecutor would submit that already seven previous cases are pending against the petitioner in the year 2012 itself in respect of agitation and hence the said certificate is now pending.
7. Considering the facts and circumstances of the case and without going into the merits of the case, the third respondent is directed to conduct enquiry with the petitioner and pass orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.
8. With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) 2/3
To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.
2.The Deputy Superintendent of Police, Valliyoor Division Tirunelveli District.
3.The Inspector of Police, Koodangulam Police Station, Tirunelveli District.
+1 CC to Mr.NIRANJAN.S.KUMAR, Advocate SR-85743. W.P (MD).No.13278 of 2019 05.09.2019 1.CS(25.09.2019) 3P 5C 3/3