V.Parameswari vs The Director General Of Police
2023 Latest Caselaw 4310 Mad

                                                                      W.A.(MD) No.417 of 2023


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 17.04.2023

                                                        CORAM:

                               THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                 and
                              THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI


                                               W.A.(MD) No.417 of 2023



                 V.Parameswari                                                      ... Appellant

                                                           -vs-


                 1.The Director General of Police,
                   Mylapore, Chennai – 600 009.

                 2.The Superintendent of Police,
                   Kanyakumari District, Nagercoil.

                 3.The Sub-Inspector of Police,
                   South Tamaraikulam Police Station,
                   Kanyakumari District.                                            ... Respondents


                           Writ Appeal filed under Clause 15 of Letters Patent to set aside the order,

                 dated 12.01.2022, passed in W.P.(MD) No.3570 of 2018, on the file of this Court.


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https://www.mhc.tn.gov.in/judis
                                                                     W.A.(MD) No.417 of 2023


                                  For Appellant     : Mr.M.Saravanakumar

                                  For Respondents   : Mr.V.Nirmal Kumar
                                                      Government Advocate

                                                     JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

The Writ Court has rejected the claim of the appellant for

compassionate appointment solely on the ground of delay. It is seen that the

husband of the petitioner, who was working as a Head Constable, died on

04.11.2003. The petitioner made an application for seeking compassionate

appointment for her daughter P.Subhashini on 19.12.2003. However, the said

Subhashini did not furnish the documents/certificates required despite reminders

issued by the Department. Thereafter, on 15.02.2006, the petitioner applied for

compassionate appointment for her son P.Maheswaran. However, the application

made by the petitioner seeking compassionate appointment for her son in the year

2006 was as usual kept pending by the Department without either being rejected

or accepted. The petitioner also did not take any action. She allowed matters to

drift till 18.07.2017 when she sent a reminder. Acting on the reminder, the

respondents had rejected the request.

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https://www.mhc.tn.gov.in/judis W.A.(MD) No.417 of 2023

2. The Writ Court has dismissed the writ petition solely on the

ground of delay and laches. The respondents are bound to dispose of the

application seeking compassionate appointment within a reasonable period but,

the inaction on the part of the respondents, which is not uncommon, cannot give a

right to the petitioner to resurrect a stale claim and seek compassionate

appointment fourteen years after the death of the government employee. We are

unable to fault the Writ Court for having dismissed the writ petition on the ground

of delay. Hence, the writ appeal fails and it is accordingly dismissed. No costs.

                                                       [R.S.M., J.]         [L.V.G., J.]
                                                                17.04.2023
                 NCC      : No
                 Index : No
                 Internet : Yes

                 PKN




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https://www.mhc.tn.gov.in/judis W.A.(MD) No.417 of 2023

To:

1.The Director General of Police, Mylapore, Chennai – 600 009.

2.The Superintendent of Police, Kanyakumari District, Nagercoil.

3.The Sub-Inspector of Police, South Tamaraikulam Police Station, Kanyakumari District.

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https://www.mhc.tn.gov.in/judis W.A.(MD) No.417 of 2023

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

PKN

W.A.(MD) No.417 of 2023

17.04.2023

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https://www.mhc.tn.gov.in/judis