Madras High CourtWP(MD)/12378/2016disposed of

S.Sathya Vasanth v. The Director General Of Police

2019-07-31Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR WMP(MD).No.2916 of 2018 S. Sathya Vasanth ... Petitioner Vs.

1.The Director General of Police, Office of the Director General of Police, No.601, Dr. Radhakrishnan Road, Mylapore, Chennai - 600 004.

2.The Commissioner of Police, Office of the Commissioner of Police, Chennai Metropolitan Police (Traffic), Chennai - 600 002.

3.The Additional Commissioner of Police, (Traffic) Kilpauk, Chennai-10.

4.The Additional Commissioner of Police, Traffic, Greater Chennai Police, Chennai -7.

5.The Deputy Commissioner of Police (Head Quarters), Town Police Office, Egmore, Chennai -8.

6.The Commissioner of Police, Office of the Commissioner of Police, Triunelveli - 627 002.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing 2nd respondent to dispose the proceedings in Na.Ka.No.

Ka.Aa.Pa.Nee.133/85342/2016 dated 01.09.2016 pending on his file within the time frame fixed by this Court and consequently, direct the respondents to pass an order of appointment to the post of Junior Assistant on the compassionate ground based on the G.O.MS.No.1499 dated 03.09.1989.

(Prayer amended as per order, dated 31.07.2019 made in WMP(MD). No.13559 of 2017 in WP(MD).No.12378 of 2016). 1/3

For Petitioner : Mr. R. Senthil Kumar for MS.V.Muthumani For Respondents : Mr.M. Pandiarajan Additional Government Pleader

ORDER

This Writ Petition has been filed for issuing a direction to the 2nd respondent to dispose the proceedings in Na.Ka.No. Ka.Aa.Pa. Nee. 133/85342/2016, dated 01.09.2016, pending on his file within the time frame to be fixed by this Court and consequently, direct the respondents to pass an order of appointment to the post of Junior Assistant on the compassionate ground.

2. According to the petitioner, he has received a communication from the 2nd respondent vide proceeding No. Na.ka. No.Ka.Aa.Pa.Nee/133/85342/2016, dated 01.09.2016 stating that his representation has been forwarded to the 3rd respondent and the same is still pending. In such circumstances, the petitioner has filed the present Writ Petition before this Court.

3. Though this petition has been filed to give a positive direction to the respondents, the learned counsel appearing for the petitioner submits that the petitioner will be satisfied, if a direction is issued to the 3rd respondent, to consider the representations of the petitioner, dated 07.03.2014 and 06.02.2016.

4. The learned Additional Government Pleader appearing for the respondents would submit that the representation of the petitioner will be considered by the third respondent on merits and in accordance with law.

5. The learned counsel appearing for the petitioner submitted before this Court that the petitioner is in indigenous circumstances after the death of his father.

6. In the light of the said submission, it is open to the petitioner to place all the relevant records to the third respondent to show that the petitioner is still in indigenous circumstances within a period of two weeks from the date of receipt of a copy of this order. On such particulars being furnished by the petitioner, the 3rd respondent shall consider the representation dated 06.10.2003 submitted by the petitioner's mother and the petitioner's representations, dated 07.03.2014 and 06.02.2016 and pass appropriate orders on merits and in accordance with law, as expeditiously as possible, in any event, not later than three months from the date of receipt of a copy of this order. 2/3

7. With the above direction, the writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar To 1.The Director General of Police, Office of the Director General of Police, No.601, Dr. Radhakrishnan Road, Mylapore, Chennai - 600 004.