← Library
Madras High CourtWMP(MD)/16960/2023allowed

The Director General Of Police v. D.Amutha,

2023-08-23Honourable Mr. Justice Battu Devanand3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Wednesday, the Twenty Third day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice BATTU DEVANAND IN WP(MD) No.22549 of 2016 1 THE DIRECTOR GENERAL OF POLICE, O/O. THE DIRECTOR GENERAL OF POLICE, BEACH ROAD, CHENNAI.

2 THE SUPERINTENDENT OF POLICE TIRUNELVELI DISTRICT.

... PETITIONER/RESPONDENTS Vs D.AMUTHA ... RESPONDENT/PETITIONER Writ Miscellaneous Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to grant leave to the petitioners to file counter affidavit in the writ petition in W.P.(MD).No. 22549 of 2016.

Prayer in WP(MD). 22549/ 2016 :

To issue a Writ of Certiorarified Mandamus, to call for the records pertaining to impugned order in C.No. F1/18397/2013 dated 08.10.2016 signed on 12.10.2016 on the file of the respondent no. 2 and quash the same as illegal and consequently directing the Respondent NO.2 to provide Compassionate allowance to the petitioner as per Rule 40(1) of the Tamil Nadu Pension Rules, 1978 within the time stipulated by this Hon'ble Court.

1/3

ORDER : This writ miscellaneous petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.P.SUBBARAJ, Special Government Pleader for the petitioners, the court made the following order:- This petition is filed seeking to grant leave to file counter affidavit in the writ petition.

2. As the counter is filed beyond the period stipulated in Rule 24(2) of the Madras High Court Writ Rules and there is abnormal delay in filing the same, this leave petition is allowed on condition of payment of costs of Rs.10,000/- (Rupees Ten Thousand only) to be paid by the 2nd petitioner, whose proceedings are under challenge in the writ petition, to the Advocates Welfare Fund of the Bar Council of Tamil Nadu and Puducherry within a period of one week from today and file proof of payment of costs before this Court by 07.09.2023. The costs to be paid by the 2nd petitioner be recovered from the officer (whether he/she is in service or retired from the service) responsible for the delay in filing the counter-affidavit. sd/- 23/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

2/3

TO 1 THE DIRECTOR GENERAL OF POLICE, O/O. THE DIRECTOR GENERAL OF POLICE, BEACH ROAD, CHENNAI.

2 THE SUPERINTENDENT OF POLICE TIRUNELVELI DISTRICT.

COPY TO THE OFFICER INCHARGE, ADVOCATES WELFARE FUND, BAR COUNCIL OF TAMIL NADU AND PUDUCHERRY, HIGH COURT CAMPUS, CHENNAI.

+1 CC TO MR.P.SUBBARAJ, SPECIAL GOVERNMENT PLEADER, SR-12843[I] ORDER IN IN WP(MD) No.22549 of 2016 Date :23/08/2023 RS//SAR-(25.08.2023) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3