P.Senthil Kumar vs The Additional Director General ...
2021 Latest Caselaw 627 Mad

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                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED: 07.01.2021


                                                      CORAM:
                      THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
                                             AND
                           THE HONOURABLE MRS.JUSTICE S.KANNAMMAL

                                          W.A(MD)No.601 of 2014

                    P.Senthil Kumar                             ... Appellant/Petitioner

                                                      Vs.

                    1.The Additional Director General of Police,
                      Home Guards and Director of Civil Defence – Trg.,
                      Chennai.

                    2.The Commissioner of Police,
                       Madurai City, Madurai.

                    3.The Area Commander,
                      Madurai Home Guards,
                      Madurai City,
                      Madurai.                                  ... Respondents/Respondents


                    Prayer: Writ Appeal filed under Clause 15 of the Letters Patent
                    against the order, dated 30.09.2013 made in W.P(MD)No.16129 of
                    2013 on the file of this Court.


                                For Appellant     : Mr.M.Kannan

                                For Respondents : Mr.K.P.Narayana Kumar,
                                                   Special Government Pleader.




http://www.judis.nic.in
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                                                    JUDGMENT

(Judgment of the Court was delivered by PUSHPA SATHYANARAYANA,J.)

The appellant / writ petitioner, who was working as a Home

Guard under the respondents, was removed from service on

09.07.2013, which was challenged in W.P(MD)No.16129 of 2013.

2.The learned Single Judge, by order dated 30.09.2013,

dismissed the Writ Petition with liberty to the appellant / writ

petitioner to prefer an appeal against the order of removal under

Section 14(1) of the Tamil Nadu Home Guard Act, 1963. After the

dismissal of the Writ Petition, the appellant / writ petitioner seems to

have filed an appeal under Section 14(1) of the Act before the

Appellate Authority, availing the alternate remedy available.

3.It is stated in the counter-affidavit filed by the second

respondent that the appeal resulted in favour of the appellant / writ

petitioner, revoking the dismissal order dated 09.07.2013 and the

appellant / writ petitioner was also reinstated by the first respondent

in his proceedings in RC.No.A1/02893/HG & CD/2013, dated

28.01.2014. The said order was received by the appellant / writ

petitioner on 18.02.2014 and from 03.04.2014, the appellant / writ

petitioner http://www.judis.nic.in is attending the duty.

4.Since the order of dismissal was already revoked by the

Appellate Authority and he was reinstated in service, nothing survives

to be adjudicated in the Writ Appeal, as it has become infructuous.

Accordingly, the Writ Appeal is dismissed as infructuous. No costs.

                                                             [P.S.N.,J]       [S.K.,J.]

                                                                   07.01.2021
                    Index      :Yes/No
                    Internet   :Yes/No
                    ps

                    To

1.The Additional Director General of Police, Home Guards and Director of Civil Defence – Trg., Chennai.

2.The Commissioner of Police, Madurai City, Madurai.

3.The Area Commander, Madurai Home Guards, Madurai City, Madurai.

http://www.judis.nic.in

PUSHPA SATHYANARAYANA,J.

and

S.KANNAMMAL,J.

ps

W.A(MD)No.601 of 2014

07.01.2021

http://www.judis.nic.in