Pon Mariappan v. The Deputy Inspector General Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD) No.25480 of 2024 and WMP (MD) No.21618 of 2024 Pon Mariappan : Petitioner Vs.

1. The Deputy Inspector General of Police, Tirunelveli Region, Tirunelveli.

2. The Superintendent of Police, Thoothukudi District.

: Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 2nd Respondent in punishment Roll No.130/2021 Rule 3(A) dated 06.09.2023 and the consequential dismissal order in C.No. 130/2021, D.O.No. 1221/2023 dated 12.10.2023 and quash the same and further directing the 2nd respondent to reinstate the petitioner in service. For Petitioner : Mr.R.Balakrishnan For Respondents : Mr.K.Balasubramani Special Government Pleader 1/5

O R D E R

This Writ Petition has been filed challenging the dismissal order dated 12.10.2023 passed by the second respondent and for a consequential direction to the second respondent to reinstate the petitioner in service.

2. Heard the learned counsel for the parties.

3. When the matter was taken up for hearing, the learned Special Government Pleader appearing on behalf of the respondents submitted that, although the petitioner has raised several grounds in the present Writ Petition challenging the impugned order, the petitioner has not availed the alternative statutory remedy available under Section 15-A of the Tamil Nadu Police (Discipline and Appeal) Rules, 1955. It was specifically contended that under Section 15-A of the said Rules, the petitioner has the right to file a revision before the competent authority.

4. In view of the submission made by the learned Special Government Pleader and upon perusal of the materials placed on record, this Court is of the considered opinion that the petitioner has an effective 2/5

and efficacious alternative remedy by way of filing a revision under Section 15-A of the Tamil Nadu Police (Discipline and Appeal) Rules, 1955, before the competent authority. It is well settled that when a statutory remedy is available, this Court would ordinarily refrain from exercising its extraordinary jurisdiction under Article 226 of the Constitution of India.

5. Accordingly, this Writ Petition is disposed of, granting liberty to the petitioner to file a revision petition, if he is aggrieved by any appellate order. If such a revision petition is filed within a period of two weeks from the date of receipt of a copy of this order, the competent authority shall entertain the same without reference to the limitation period and shall condone any delay in filing, if any and thereafter consider the revision on its own merits and in accordance with law, after affording due opportunity to the petitioner and pass appropriate orders within a period of two months thereafter. No costs. Consequently, the connected miscellaneous petition is closed.

02.07.2025 Index : Yes / No Internet : Yes / No PKN 3/5

To

1. The Deputy Inspector General of Police, Tirunelveli Region, Tirunelveli.

2. The Superintendent of Police, Thoothukudi District.

4/5

VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.25480 of 2024 02.07.2025 5/5