M.Jesuraj vs The State Of Tamil Nadu
2023 Latest Caselaw 7451 Mad

                                                                       W.A.No.1356 of 2023



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 03.07.2023

                                                     CORAM :

                                      THE HON'BLE MR. JUSTICE S.S.SUNDAR
                                                         AND
                                     THE HON'BLE MR.JUSTICE K.RAJASEKAR


                                               W.A.No.1356 of 2023

                     M.Jesuraj                            ...        Appellant

                                                          v.

                     1. The State of Tamil Nadu
                        Rep. by Secretary to Government
                        Home Department
                        Fort St. George, Chennai-9.

                     2. The Director General of Police
                        Tamil Nadu Police Department
                        Mylapore, Chennai-4.

                     3. The Additional Director General of Police
                        Armed Police
                        Kilpauk, Chennai-10.              ...        Respondents




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                     Page 1 of 5


https://www.mhc.tn.gov.in/judis
                                                                                      W.A.No.1356 of 2023



                                  Writ Appeal filed under Clause 15 of the Letters Patent to set aside
                     the order dated 04.11.2019 passed by the learned Single Judge in
                     W.P.No.17553 of 2017.




                                       For Appellant      ::    Ms.R.Deepika Sonali
                                                                for Mr.M.Muthappan

                                       For Respondents ::       Mr.S.Silambanan
                                                                Additional Advocate General
                                                                Assisted by
                                                                Mr.S.Balamurugan
                                                                Government Advocate

                                                        JUDGMENT

(Judgment of the Court was delivered by S.S.SUNDAR,J.)

This Writ Appeal has been filed against the order of the learned

Single Judge dated 04.11.2019 made in W.P.No.17553 of 2017.

2. The appellant herein is the Writ Petitioner. Writ Petition in

W.P.No.17553 of 2017 was filed by the appellant challenging the

proceedings of the 2nd Respondent herein in RC.No.37962/GB III(2)/2016

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https://www.mhc.tn.gov.in/judis W.A.No.1356 of 2023

dated 12.04.2017 and for a direction to the Respondents to promote the

appellant to the post of Deputy Commandant with effect from the date of

promotion given to his juniors namely Durairaj and promote him to the

above post with all monetary and service benefits including pensionary

benefits.

3. The appellant appears to have filed a Writ Petition earlier in

W.P.No.31293 of 2006 claiming identical relief and the same came to be

dismissed on 07.07.2009 and the appeal before the Division Bench was also

dismissed. The learned single Judge, by the impugned order, finding that

the appellant/writ petitioner seeks to re-open the entire case, as his request

stood rejected in the earlier round of litigation, has rightly dismissed the writ

petition observing that he cannot be permitted to re-agitate the issue once

again, which has become final. Moreover, the appellant, after attaining the

age of superannuation, has filed the instant writ petition. Therefore, this

Court is unable to interfere with the order of the learned Single Judge.

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https://www.mhc.tn.gov.in/judis W.A.No.1356 of 2023

6. Accordingly this Writ Appeal stands dismissed. No costs.

                                                                 (S.S.S.R.,J.)       (K.R.S.,J.)
                     Index : yes/no                                       03.07.2023
                     Neutral citation : yes/no
                     arr



                     To

                     1. The Secretary to Government
                        Home Department
                        Fort St. George, Chennai-9.

2. The Director General of Police Tamil Nadu Police Department Mylapore, Chennai-4.

3. The Additional Director General of Police Armed Police Kilpauk, Chennai-10.

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https://www.mhc.tn.gov.in/judis W.A.No.1356 of 2023

S.S.SUNDAR,J.

AND K.RAJASEKAR,J.

arr

W.A.No.1356 of 2023

03.07.2023

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