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Madras High CourtWP(MD)/15910/2019allowed

Saravanakumar v. The Superintendent Of Police

2023-03-13Honourable Mrs Justice S.Srimathy5 pages

THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD).No.12635 of 2019 Saravanakumar ... Petitioner Vs.

1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Superintendent of Police, Karur District.

... Respondents (R-2 is suo motu impleaded vide Court Order dated 13.03.2023 in W.P.(MD).No.15910 of 2019) Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records in pursuant to the impugned order passed by the respondent in D.O.No.1197/2018 dated 28.12.2018 and to quash the same as illegal. 1/5

For Petitioner : Mr.P.Ganapathi Subramaniam, For Mr.D.Ramesh Kumar.

For Respondents : Mr.M.Lingadurai, Special Government Pleader.

ORDER

This Writ Petition is filed challenging the impugned order dated 28.12.2018.

2. Through the impugned order, the respondents have reverted the upgradation granted to the petitioner. The contention of the petitioner is that the impugned order is passed without any notice.

3. Therefore, this Court without expressing any opinion on merits, is directing the respondents to issue notice to the petitioner and grant opportunity to the petitioner, thereafter pass speaking order. Hence, the impugned order is quashed.

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4. Pending Writ Petition, this writ petitioner was transferred to Karur. The appropriate authority is the Superintendent of Police, Karur. However, the Superintendent of Police, Karur is not a party in this Writ Petition. Therefore, this Court is suo motu impleading the Superintendent of Police, Karur as second respondent. Therefore, the petitioner is directed to submit a fresh representation to the Superintendent of Police, Karur within a period of two (2) weeks from the date of receipt of a copy of this order. Thereafter, the said authority shall pass an order within a period of eight (8) weeks therefrom.

5. In view of the above, this Writ Petition is allowed in above terms. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

13.03.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Nsr 3/5

To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Superintendent of Police, Karur District.

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S.SRIMATHY, J.

Nsr 13.03.2023 5/5