V.Tamilvanan v. The Chairman
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2024
CORAM:
THE HONOURABLE MS.JUSTICE R.N.MANJULA W.P.(MD)No.13470 of 2024 & W.M.P.(MD)No.11883 of 2024 V.Tamilvanan ... Petitioner vs.
1.The Chairman, Tamil Nadu Uniformed Service Recruitment Board, Pantheon Road, Egmore, Chennai - 600 008.
2.The State of Tamil Nadu, Rep. by its Principal Secretary, Home Department, Fort St.George, Chennai - 600 009.
3.The Director General of Police, Tamil Nadu Police Department, Santhome High Road, Mylapore, Chennai.
4.The Inspector General of Police, Tamil Nadu Police Department, South Zone, Madurai.
5.The Deputy Inspector General of Police, Tamil Nadu Police Department, Madurai Range, 1/7
Madurai - 625 002.
6.The Superintendent of Police, Madurai District, Surveyor Colony, Madurai.
7.C.Balamurugan, Sub Inspector of Police, Chekkanoorani Police Station, Madurai District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Quo-Warranto calling upon the seventh respondent to show cause under what authority of law, he is holding the post of Sub Inspector of Police in the Government of Tamil Nadu, more particularly, in the Police Department on the ground of malpractice and violation of police standing order, based on the petitioner's representation dated 04.05.2024 made to the respondents 1 to 6 herein. For Petitioner :
Mr.A.Ramesh For Respondents :
Mr.S.Shanmugavel, Additional Government Pleader for R1 to R6
O R D E R
Heard Mr.A.Ramesh, learned counsel appearing for the petitioner and Mr.S.Shanmugavel, learned Additional Government Pleader appearing for the respondents 1 to 6. 2/7
2. The petitioner has filed this petition seeking to issue a Writ of Quo-Warranto calling upon the seventh respondent to show cause under what authority of law, he is holding the post of Sub Inspector of Police in the Government of Tamil Nadu, more particularly, in the Police Department on the ground of malpractice and violation of police standing order, based on the his representation dated 04.05.2024 made to the respondents 1 to 6.
3. Though the petitioner has filed this petition seeking to issue a Writ of Qua-Warranto, curiously, no order passed by the seventh respondent is under challenge.
4. The petitioner is said to have preferred a complaint before the sixth respondent on certain allegations and the same was forwarded to the file of the Sub Inspector of Police, Chekkanoorani Police Station. Since the Sub Inspector of Police did not conduct any enquiry, the petitioner has filed a writ petition before this Court in W.P.(MD)No.13064 of 2023, wherein, this Court, by order dated 06.06.2023, has directed the 3/7
respondents therein to consider the representation of the petitioner. Since the respondents therein did not comply with the order of this Court, the petitioner filed a contempt petition in Cont.P.(MD)No.1519 of 2023, wherein, by order dated 22.08.2023, some named individuals therein (respondents) were directed to peruse the documents produced by the petitioner and deal it in accordance with law. Since the said order has also not been complied with, the petitioner has come up with the present petition.
5. Mr.A.Ramesh, learned counsel appearing for the petitioner submitted that the seventh respondent who is holding the post of Sub Inspector of Police and also incharge of the Inspector of Police, Chekkanoorani Police Station, has failed to comply with the orders of the this Court.
6. It is pertinent to point out that the appointment of the seventh respondent as the Sub Inspector of Police has not been found to be erroneous / defective / illegal. Obviously, the seventh respondent herein 4/7
by name C.Balamurugan in not a party before the earlier contempt proceedings and that the orders in the earlier contempt proceedings were passed against some named individuals. For any extraneous reasons, if the petitioner has a grievance that the seventh respondent in his official capacity does not proceed to make any enquiry on the complaint preferred by him, the petitioner shall take the issue to the appropriate higher authorities or file a private complaint. Without resorting to such procedures, the petitioner has filed this petition seeking for issuance of Writ of Quo-Warranto.
7. In view of the above observations, the writ petition is disposed of and the petitioner is at liberty to take the issue to the appropriate higher authorities or to file a private complaint. No costs. Consequently, connected Miscellaneous Petition is closed. 25.06.2024 NCC: Yes/No Index : Yes/No Speaking/Non-Speaking order mbi 5/7
To 1.The Chairman, Tamil Nadu Uniformed Service Recruitment Board, Pantheon Road, Egmore, Chennai - 600 008.
2.The State of Tamil Nadu, Rep. by its Principal Secretary, Home Department, Fort St.George, Chennai - 600 009.
3.The Director General of Police, Tamil Nadu Police Department, Santhome High Road, Mylapore, Chennai.
4.The Inspector General of Police, Tamil Nadu Police Department, South Zone, Madurai.
5.The Deputy Inspector General of Police, Tamil Nadu Police Department, Madurai Range, Madurai - 625 002.
6.The Superintendent of Police, Madurai District, Surveyor Colony, Madurai.
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R.N.MANJULA, J.
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