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Madras High CourtWMP(MD)/14811/2019allowed

K.Govindasamy v. The Director General Of Police

2019-11-14Honourable Mr Justice S.S. Sundar2 pages

WMP(MD). No.14811 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Fourteenth day of November Two Thousand and Nineteen PRESENT The Hon'ble Mr.Justice S.S.SUNDAR WMP(MD). No.14811 of 2019 in WP(MD) No.16454 of 2015 K.Govindasamy (Formerly Pc 1412/ar/tirunelveli) Pc 1255 Armed Reserve Nagercoil Kanyakumari Dist ... Petitioner Vs 1 The Director General of Police Myalapore Chennai 2 The Deputy Inspector General Of Police Tirunelveli Range Tirunelveli Dist 3 The Superintendent of Police, Tirunelveli Dist 4 The Superintendent of Police, Nagercoil Kanyakumari Dist ... Respondents Prayer :- This petition is filed under Article 226 of the Constitution of India, to restore the writ petition in WP(MD). NO.16454/2015 which was dismissed for non prosecution on 30.7.2019 and thus render justice.

Prayer in WP(MD). 16454/ 2015 : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records relating to the order R.Dis.No.226330/AP.2(1) 2012 dated 19.10.2014 passed by the 1st respondent and the consequential orders passed by 3rd respondent in D.O.No.38/2015-C-No.P1/PR.62/2011 dated 09.01.2015 and C.No.P1/PR.62/2011-D.O.No.643/2015 dated 09.06.2015 and quash the same and consequently direct the respondent to treat the suspension period as \"duty period\" refund the amount of Rs.2,833/- recovered as repair charges of the van and grant all the service and monetary benefits.

ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru. P.Krishnasamy, Advocate for the Petitioner and of Thiru. D.Muruganandam, AGP the respondents, this Court made the following order:

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WMP(MD). No.14811 of 2019 This petition is filed to restore the writ petition in W.P.(MD) No.16454 of 2015, which was dismissed for non prosecution, dated 30.07.2019.

2.Being satisfied with the reasons stated in the affidavit filed in support of this petition, this Court is inclined to allow this petition. Accordingly, this petition is allowed and the Writ Petition in W.P.(MD)No.16454 of 2015, which was dismissed for non prosecution, is restored to file.

Sd/- Assistant Registrar() // True Copy // Sub Assistant Registrar(CS) TO

1. The Director General of Police, Myalapore Chennai

2. The Deputy Inspector General Of Police Tirunelveli Range Tirunelveli Dist

3. The Superintendent of Police, Tirunelveli Dist

4. The Superintendent of Police, Nagercoil Kanyakumari Dist Copy to:

The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 98836 ORDER DATED : 14/11/2019 ==========================

ORDER

========================== WMP(MD). No.14811 of 2019 in WP(MD) No.16454 of 2015 Giving direction and etc.

as stated within.

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