K.Arivalagan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.19402 of 2025 K.Arivalagan ... Petitioner -vs1. The State of Tamil Nadu, The Director General of Police, Mylapore, Chennai - 600 004.

2. The State of Tamil Nadu, Rep. by the Superintendent of Police, District Police Office, Dindigul District, Dindigul.

3. The Commandant, Motor Transport Division-I Battalion-1, Pudhupettai, Chennai -02.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent to revise the seniority of petitioner on par with his batchmates selected for the year 2012 by considering the petitioner's representation dated 28.06.2025 within a stipulated time fixed by this Court.

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For Petitioner : Mr.T.Antony Arulraj For Respondents : Mr.S.R.A.Ramachandhran Additional Government Pleader

ORDER

This writ petition has been filed seeking a direction to the 1st respondent to revise the seniority of petitioner on par with his batchmates selected for the year 2012, by considering the petitioner's representation dated 28.06.2025 within a stipulated time fixed by this Court.

2. By consent of both parties, this writ petition is disposed at the stage of admission itself.

3. The petitioner joined the respondent Department in the year 2017 and is now working under the third respondent. The case of the petitioner is that though he was selected in the year 2012, he was permitted to join only in the year 2017 with the batchmates of the year 2017, since a criminal case was pending at that time. The further case of the petitioner is that he was acquitted from the said criminal case in the year 2012 itself and hence, the petitioner seeks for revision of his seniority on par with his batchmates 2/6

selected for the year 2012. In this regard, the petitioner made a representation to the respondents dated 28.06.2025 in this regard. Since the said representation was not considered, the petitioner has filed the present Writ Petition.

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 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 the light of the above observations, there shall be a direction to the first respondent to consider the petitioner's representation dated 28.06.2025 on its own merits and pass appropriate orders in accordance with law, within a period of two months 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 3/6

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. 17.07.2025 NCC : Yes/No Index : Yes / No sm 4/6

TO:-

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

2. The Superintendent of Police, District Police Office, Dindigul District, Dindigul.

3. The Commandant, Motor Transport Division-I Battalion-1, Pudhupettai, Chennai -02.

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VIVEK KUMAR SINGH, J.

sm Order made in W.P.(MD)No.19402 of 2025 Dated:

17.07.2025 6/6