P.Jaishankar vs The Superintendent Of Police
2023 Latest Caselaw 6659 Mad

                                                                   1

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                         DATED 20.06.2023

                                                             CORAM

                           THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN


                                                     W.P.No. 13494 of 2013
                                                             And
                                                      M.P.No. 1 of 2013

                     P.Jaishankar                                                   ... Petitioner

                                                                   ..Vs..

                     1.           The Superintendent of Police
                                  Thiruvannamalai District.

                     2.           The Director General of Police
                                  Mylapore, Chennai -4.                             ... Respondents

                     PRAYER: Petition under Article 226 of the Constitution of India, praying
                     for the issue of a Writ of Certiorari calling for the records of the respondents
                     in connection with the impugned order passed in P.R.No. 70 of 2009 dated
                     1.8.11 and quash the same.
                                                                 ***

                                        For Petitioner              :: Mr. Venkatramani
                                                                       Senior Counsel
                                                                       for Mr.M.Muthappan




https://www.mhc.tn.gov.in/judis
                                                               2

                                       For Respondents          :: Mr. M.Rajendran
                                                                   Additional Government Pleader


                                                           ORDER

Challenging the impugned proceedings in PR.No. 70 of 2009 dated

01.08.2011, the present Writ Petition has been filed.

2. After hearing the matter at length, the learned counsel for the

petitioner would brought to my notice that the petitioner has filed an Official

Memorandum with Director General of Police on 26.03.2013 and that, the

same is pending.

3. The petitioner cannot pursue two remedies at the same time.

Therefore, I am not inclined to enter into the Judgment on the merits of the

case.

4. The second respondent is directed to take up the said

Memorandum said to have been filed by the petitioner on 26.03.2013 and

pass orders on the same. In case, the Memorandum is not available, the

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

petitioner shall submit a fresh Memorandum to the second respondent

within a period of three weeks from today and the second respondent is

directed to pass an order within a period of 12 weeks thereafter.

5. It is made clear that I have not gone into the merits of the case

since the Memorandum under Rule 15-A of TNPSS (D&A) Rules 1955, is

pending with the second respondent.

6. With the above direction, the Writ Petition stands disposed of.

No costs. Consequently, connected Miscellaneous Petition is closed.

20.06.2023

vsg

Index: Yes/No Internet: Yes/No Speaking / Non Speaking Order To

1. The Superintendent of Police Thiruvannamalai District.

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

V. LAKSHMINARAYANAN, J.,

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

vsg

W.P.No. 13494 of 2013 And M.P.No. 1 of 2013

20.06.2023

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