C. Ashok Kumar v. The Govt. Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE C.Ashok Kumar ... Petitioner Vs.

1.The Government of Tamil Nadu, Rep., by its Secretary to Home Department, Fort St. George, Chennai-600 009.

2.The Director General of Police, Kamarajar Salai, Mylapore, Chennai-600 004.

3.The Deputy Inspector General of Police, No.4, St. Thomas Road, Maharaja Nagar, Near High Ground, Tirunelveli-627 011, Tirunelveli District.

4.The Superintendent of Police, Nagercoil, Kanyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to take appropriate steps to implement the government order S.S.No.2/78-4/2000, dated 07.03.2000 by considering the representation of the petitioner dated 24.07.2020 within a time that may be stipulated by this Court.

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For Petitioner :

Mr.K.A.Thirumalaiappan For R1 :

Mr.P.Thilakkumar Government Pleader For RR2 to 4 :

Mr.T.Senthilkumar Additional Public Prosecutor

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The writ on hand has been instituted to direct the respondents to take appropriate steps to implement the Government Order S.S.No. 2/78-4/2000, dated 07.03.2000.

2. The grievance of the petitioner is that Police Personnel working in the rank of Constables and Head Constables are allowed to serve in their native place at Kanyakumari District. Further, allowing the Police Personnel to continue in their native place is causing prejudice to public interest. He would also submit that the guidelines issued in G.O.Ms.No.1446, Home (SC) Department, dated 18.08.1992 for transfer and posting a Police Personnel have not been followed.

3. In reply, the learned Additional Public Prosecutor would submit that the policy would be applicable only to the Police officials working in the rank of Inspector of Police and above. As far as 2/4

subordinate police authorities are concerned, they are transferred within their District and in certain cases, on account of administrative reasons, they are transferred to other Districts.

4. Transfer and posting are administrative prerogative of the Police Department and this Court, in exercise of power of judicial review under Article 226 of the Constitution of India, cannot run the administration, nor issue any direction to transfer the employees.

5. For the above reason, this Writ Petition is not maintainable and the same stands dismissed. However, there shall be no order as to costs.

[S.M.S., J.] [A.D.M.C., J.] 29.07.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No abr To 1.The Government of Tamil Nadu, Rep., by its Secretary to Home Department, Fort St. George, Chennai-600 009.

2.The Director General of Police, Kamarajar Salai, 3/4

Mylapore, Chennai-600 004.

S.M.SUBRAMANIAM, J.

and DR.A.D.MARIA CLETE, J.

abr 3.The Deputy Inspector General of Police, No.4, St. Thomas Road, Maharaja Nagar, Near High Ground, Tirunelveli-627 011, Tirunelveli District.

4.The Superintendent of Police, Nagercoil, Kanyakumari District.

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