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Madras High CourtWP(MD)/36776/2025closed

Poovarasan v. The Superintendent Of Police

2026-01-02Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 02.01.2026

CORAM

THE HONOURABLE MR. JUSTICE B.PUGALENDHI WP(MD)No.36776 of 2025 and WMP(MD)No.29226 of 2025 Poovarasan ... Petitioner Vs

1. The Superintendent of Police, O/o. The Superintendent of Police, Dindigul.

2. The Deputy Superintendent of Police, Armed Reserve,

3. The Area Commander, Home Guards,

4. The Sub Inspector of Police, Home Guard, 1/6

5. The Inspector General of Police, South Zone.

Office of the Inspector General of Police, Reserve Line, Madurai.

(R5 is suo motu impleaded by order dated 02.01.2026) ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 1st respondent in khtl;l Miz vz;/1116-2025. e/f/vz;/,2-E-11440614/2025, dated 01.09.2025 and quash the same and consequently to re-appoint the petitioner in the Home Guard Department in the same post. For Petitioner : M/s.N.Vijayalakshmi For Respondents : Mr.C.Venkatesh Kumar, Special Government Pleader

ORDER

The petitioner was engaged as a Home Guard on 16.02.2019 under the provisions of Section 4 of the Tamil Nadu Home Guards Act 1963. The period of service was three years, however, it was extended for a further period of three years, by the first respondent, by proceedings dated 27.06.2022. The period of extension was over on 30.06.2025. The petitioner has expected further period of extension, however, it was 2/6

not extended. On the other hand, the petitioner was removed from service, by proceedings dated 01.09.2025, under the provisions of Section 13 of the Tamil Nadu Home Guards Act, 1963. Challenging the same, the petitioner has filed this writ petition.

2. Section 14 of the Tamil Nadu Home Guards Act, 1963, provides an appeal remedy as against the order of removal passed under Section 13 of the Tamil Nadu Home Guards Act, before the Inspector General of Police.

3. Considering the appeal remedy available under Section 14 of the Tamil Nadu Home Guards Act, 1963, this Court suo motu impleads the Inspector General of Police, South Zone, as a party to this proceedings and directs the learned Special Government Pleader to take notice for the newly impleaded respondents.

4. Since the appeal remedy is available under the Statute, this writ petition is disposed of with liberty to the petitioner to prefer an appeal before the Inspector General of Police, South Zone, within a period of 3/6

two weeks from the date of receipt of a copy of this order. In the event, if any appeal is filed by the petitioner, the Inspector General of Police, South Zone, shall consider the appeal without insisting on the limitation period, as prescribed under Section 14 of the Tamil Nadu Home Guards Act. No costs. Consequently, connected miscellaneous petition is closed.

02.01.2026 ogy Index : Yes / No.

Internet : Yes / No.

NCC : Yes / No.

To

1. The Superintendent of Police, O/o. The Superintendent of Police, Dindigul.

2. The Deputy Superintendent of Police, Armed Reserve,

3. The Area Commander, Home Guards, 4/6

4. The Sub Inspector of Police, Home Guard,

5. The Inspector General of Police, South Zone.

Office of the Inspector General of Police, Reserve Line, Madurai.

5/6

B.PUGALENDHI, J.

ogy WP(MD)No.36776 of 2025 02.01.2026 6/6