Madras High Court
A.Vivekanandan vs The Director General Of Police on 28 October, 2022
W.P. No.11434 of 2013
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.10.2022
CORAM
THE HON'BLE MR.JUSTICE M.S.RAMESH
W.P. No.11434 of 2013
and M.P. No.2 of 2013
A.Vivekanandan .. Petitioner
Vs
1.The Director General of Police,
Post Box No.609,
Dr.Radha Krishna Road,
Chennai-4.
2.The Superintendent of Police,
Office of the Superintendent of Police,
Bangalore Road,
Krishnagiri Town and District. .. Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India
praying to issue a writ of Certiorari to call for the entire records in
connection with the impugned order of the second respondent
DO.240/2013 RC.No.C1/25003/12 dated 02.04.2013 and quash the
same Proceedings of the second respondent dated 02.04.2013.
For Petitioner : Mr.M.Sriram
For Respondents : Mr.G.Ameedins,
Government Advocate
1/4
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W.P. No.11434 of 2013
ORDER
Challenging the impugned order in DO.240/2013
RC.No.C1/25003/12 dated 02.04.2013 passed by the second
respondent, this writ petition has been filed.
2.The petitioner herein while serving as a Driver/Grade-II
Police Constable in the Armed Reserve was involved in a motor
accident, resulting in injury to a Civilian. When the injured person had
made a claim before the Motor Accident Claims Tribunal in M.C.O.P.
No.611 of 2007, a judgment and decree passed on 16.08.2011, fixing
the compensation of Rs.1,79,830/-. On 26.09.2012, the second
respondent herein had passed an order directing the petitioner to pay
the compensation amount to the victim. Thereafter, the second
respondent had passed another order on 02.04.2013 directing
recovery of the compensation amount in 36 instalments from the
petitioner. Challenging the order of recovery, the present writ petition
has been filed.
3.The writ petition requires to be allowed on the simple ground
of violation of the principles of natural justice. When the Motor
Accident Claims Tribunal had passed the judgment awarding
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W.P. No.11434 of 2013
compensation, the direction to pay the compensation amount was
fixed on the second respondent herein. However, when the second
respondent had passed the order on 26.09.2012 directing the
petitioner herein to pay the amount, he was not put on prior notice.
The second respondent had also not challenged the judgment of the
Tribunal, whereby the compensation was awarded. This apart, when
the second respondent had passed the other order on 02.04.2013, the
same was based on the orders issued by the Director General of Police
dated 15.12.2012 which proceedings was also without any prior notice
to the petitioner herein. The order of recovery is in gross violation of
the principles of natural justice and hence cannot be sustained.
Accordingly, the impugned order dated 02.04.2013 passed by the
second respondent is quashed. The writ petition stands allowed
accordingly. Consequently, connected M.P. stands closed. No costs.
28.10.2022
Index : Yes
vga
https://www.mhc.tn.gov.in/judis
W.P. No.11434 of 2013
M.S.RAMESH,J.
vga
To
1.The Director General of Police,
Post Box No.609,
Dr.Radha Krishna Road,
Chennai-4.
2.The Superintendent of Police,
Office of the Superintendent of Police,
Bangalore Road,
Krishnagiri Town and District.
W.P. No.11434 of 2013
and M.P. No.2 of 2013
28.10.2022
https://www.mhc.tn.gov.in/judis
