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Madras High CourtWP(MD)/15809/2016dismissed

Anguchamy v. The Principal Secretary

2016-08-24Honourable Mr Justice T.Raja2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2016

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.15809 of 2016 Anguchamy ... Petitioner Vs.

1. The Principal Secretary to Government, Home Department, Fort St. George, Chennai 600 009.

2. The Director General of Police (Law and Order), Dr.Radhakrishna Salai, Mylapore, Chennai.

3. The Commissioner of Police, Tiruchirapalli City, Subramanyapuram, Tiruchirapalli 20.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents herein to consider petitioner's representation dated 04.08.2016.

For Petitioner : Mr.C.Jegannathan for M/S.Veera Associates For Respondents : Mrs.S.Bharathy Government Advocate

O R D E R

The petitioner herein was directly recruited to the post of Sub-Inspector of Police in the year 1987 and, after a satisfactory service of 13 years, he was given promotion to the post of Inspector of Police on 29.08.2000. He was given promotion as Deputy Superintendent of Police, Vigilance and Anti-Corruption at Ariyalur, on 20.11.2013. In the meanwhile, after coming to know that his date of birth was inadvertently given as 12.09.1958 instead of 20.01.1960, he had made a representation to the Director General of Police, Law and Order, Chennai, the second respondent herein in the year 1995, with a request to alter his date of birth on the basis of the available/supportive document. https://hcservices.ecourts.gov.in/hcservices/

The second respondent had rejected his request for alteration of date of birth, whereupon, he had filed O.A.No.3185 of 1998 before the Tamil Nadu Administrative Tribunal, Chennai, but, the outcome of the same was not informed to him. Therefore, he has been advised to filed the present writ petition.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side).

3. It is an admitted case that the petitioner had entered the Police Service in the year 1987. For the first time, he made his representation for alteration of his date of birth only in the year 1995 and the same was rejected. Consequently, he had filed O.A.No.3185 of 1998 before the Tamil Nadu Administrative Tribunal. While so, his version that the outcome of the said case is not known to him cannot be accepted. Inasmuch as the petitioner did not make any application for alteration of date of birth within five years from the date of entry in the service, this Court is not inclined to grant the relief sought for by him. Accordingly, this Writ Petition is dismissed.

Sd/- Assistant Registrar (Records) /True Copy/ Sub Assistant Registrar To

1. The Principal Secretary to Government, Home Department, Fort St. George, Chennai 600 009.

2. The Director General of Police (Law and Order), Dr.Radhakrishna Salai, Mylapore, Chennai.

3. The Commissioner of Police, Tiruchirapalli City, Subramanyapuram, Tiruchirapalli 20.

+ 1 CC TO Mr.C.JEGANNATHAN, ADVOCATE IN SR No. 47334 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 47411 AKV TE/SS-3 : 26/09/2016 : 2P/6C W.P.(MD)No.15809 of 2016 24.08.2016 https://hcservices.ecourts.gov.in/hcservices/