M.Muthukumarasamy v. The Director General Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.17661 of 2025 M.Muthukumarasamy ... Petitioner -vs1. The Director General of Police, Head of Police Force, Mylapore, Chennai - 600 004.

2. The Accountant General (A & E), Office of the Accountant General (A & E), 361, Anna Salai, Teynampettai, Chennai - 600 018.

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

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 2nd respondent to disburse the petitioner's proper pension, DCRG amount, Commutation and other benefits on the basis of proposal forwarded by the 3rd respondent in C.No.K1/Pen. 09/2020 dated 13.3.2020 to the petitioner with interest within a time frame that may be stipulated by this Court.

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For Petitioner : Mr.K.Guhan For Respondents : Mr.S.R.A.Ramachandhran (R1&R3) Additional Government Pleader Mr.P.Gunasekaran (R2)

ORDER

This writ petition has been filed seeking a direction to the 2nd respondent to disburse the petitioner's proper pension, DCRG amount, Commutation and other benefits on the basis of proposal forwarded by the 3rd respondent in C.No.K1/Pen.09/2020 dated 13.3.2020 to the petitioner with interest within a time frame that may be stipulated by this Court.

2. Heard the learned counsel on either side.

3. When the matter is taken up for hearing, the learned counsel appearing for the petitioner submits that though the aforesaid relief has been sought for by the petitioner, now, he confines the prayer that it would suffice if the proposal forwarded by the third respondent to the second respondent dated 13.03.2020 is disposed in accordance with law.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to 2/4

consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

5. In view of the above, this Court directs the second respondent to consider the proposal submitted by the third respondent dated 13.03.2020 on its own merits and pass appropriate orders, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.

6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs. 01.07.2025 NCC : Yes/No Index : Yes / No 3/4

VIVEK KUMAR SINGH, J.

sm TO:-

1. The Director General of Police, Head of Police Force, Mylapore, Chennai - 600 004.

2. The Accountant General (A & E), Office of the Accountant General (A & E), 361, Anna Salai, Teynampettai, Chennai - 600 018.

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

Order made in W.P.(MD)No.17661 of 2025 Dated:

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