Madras High CourtWP(MD)/11017/2015dismissed as infructuous

Y. Samuel, v. The Superintendent Of Police,

2021-11-30Honourable Mrs Justice S.Srimathy2 pages

W.P.(MD)No.11017 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2021

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.11017 of 2015 and M.P(MD)No.1 of 2015 Y.Samuel ... Petitioner vs..

1. The Superintendent of Police, Dindigul District, Dindigul - 624 001.

2. The Superintendent of Police, Kanyakumari District, Nagercoil - 639 001.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the order, dated 26.05.2011, passed in D.O.No.390 of 2011 and the futher orders im D.O.No.398 of 2011, dated 28.05.2011, both in C.No.F1/6228 of 2011 on the file of the first respondent herein and to quash the same and consequently, direct the first respondent to permit the petitioner to retire from his services, with effect from 31.05.2011, with all the terminal benefits as accrued to him, within a time frame as may be fixed by this Court.

For Petitioner : Mr.G.Aravinthan For Respondents : Mr.R.Ragavendran Government Advocate (civil side)

O R D E R

The petitioner has challenged the impugned order, wherein, he is not allowed to retire from service. When the matter is taken up for hearing, the learned Counsel appearing for the petitioner stated that the petitioner has retired from service and he was allowed to retire. Since, the prayer is granted, nothing survives in this writ petition.

2. Whether the terminal benefits are paid or not, is not clarified by the petitioner, therefore, this Writ Petition is dismissed as infructuous with liberty, if the terminal benefits are not paid, the petitioner shall challenge the same. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.11017 of 2015

3. Accordingly, the Writ Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) jbr Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

1. The Superintendent of Police, Dindigul District, Dindigul - 624 001.

2. The Superintendent of Police, Kanyakumari District, Nagercoil - 639 001.

+1 CC to M/s.P.JESSI JEEVA PRIYA, Advocate ( SR-36867[F] dated 01/12/2021 ) +1 CC to M/s.SPL GP ( SR-36719[F] dated 01/12/2021 ) W.P.(MD)No.11017 of 2015 30.11.2021 MGJ(21.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2