Madras High Court
Sai Saran Thejasvi vs M.Asilar on 3 April, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.A.(MD)Nos.105 and 741 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.04.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN
W.A.(MD)Nos.105 and 741 of 2022
and
C.M.P.(MD)No.1300 of 2022
W.A.(MD)No.105 of 2022:-
Sai Saran Thejasvi,
Assistant Superintendent of Police,
Colachel Sub Division,
Colachel and Post,
Kanyakumari District. ... Appellant
Vs.
1.M.Asilar
2.The Chief Secretary to the Government,
Secretariat, Chennai - 09.
3.The Secretary to the Government,
Home Department, Secretariat,
Chennai - 09.
4.The Superintendent of Police,
D.P.O. Nagercoil Post,
Kanyakumari District.
1/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 04:17:52 pm )
W.A.(MD)Nos.105 and 741 of 2022
5.Devaraj
6.Jinnah Beer Muhammed
7.Alex ... Respondents
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow
the writ appeal by setting aside the order dated 01.10.2021 passed in
W.P.(MD)No.22630 of 2017 on the file of this Court.
For Appellant : Mr.C.Venkatesh Kumar,
For M/s.Ajmal Associates.
For Respondents : Mr.G.V.Vairam Santhosh,
Addl. Government Pleader for R2 & R3.
Mr.A.Albert James,
Govt. Advocate (Crl. Side) for R4.
Mr.R.Ramasamy for R1
W.A.(MD)No.741 of 2022:-
Devaraj ... Appellant
Vs.
1.M.Asilar
2.The Chief Secretary to the Government,
Secretariat, Chennai - 09.
3.The Secretary to the Government,
Home Department, Secretariat,
Chennai - 09.
2/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 04:17:52 pm )
W.A.(MD)Nos.105 and 741 of 2022
4.The Superintendent of Police,
D.P.O. Nagercoil Post,
Kanyakumari District.
5.Devaraj
6.Jinnah Beer Muhammed
7.Alex
8.The Director General of Police,
Chennai.
9. Maria Sebastian ... Respondents
Prayer : Writ Appeal filed under Clause XV of Letters Patent, to allow
the writ appeal by setting aside the order dated 01.10.2021 passed in
W.P.(MD).No.22630 of 2017 dated on the file of this Court.
For Appellant : Mr.S.Sivakumar
For Respondents : Mr.G.V.Vairam Santhosh,
Addl. Government Pleader for R2 & R3.
Mr.A.Albert James,
Govt. Advocate (Crl. Side) for R4 & R8.
Mr.R.Ramasamy for R1
COMMON JUDGMENT
These writ appeals are directed against the order dated 01.10.2021
made in W.P.(MD)No.22630 of 2017. Against the very same order, one
Jinna Peer Mohamed, who was shown as the sixth respondent in the writ
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 04:17:52 pm )
W.A.(MD)Nos.105 and 741 of 2022
petition filed W.A.(MD)No.252 of 2022. The writ appeal was disposed
of by the Hon'ble Division Bench on 17.03.2022 in the following terms:-
“5.We find some force in the contention of the learned
counsel for the appellant. We dispense with the notice to the first
respondent, since the main Writ Petition's prayer has been
rejected and the same has not been challenged. We feel that a
direction to take disciplinary proceedings straightaway would
definitely cause stigma on the appellant. We, therefore, modify
the order and direct the official respondents to conduct an
enquiry, as to the happenings in the police station and if the
official respondents find that there is some material available to
proceed against any of the police officials, then they can take
suitable action against the police officials.”
2.When the order impugned in these writ appeals had already been
dealt with by a coordinate division bench, it would not be appropriate for
us to give any independent disposal. Hence, these writ appeals are
disposed of on the same lines. No costs. Consequently, connected
miscellaneous petition is closed.
(G.R.S. J.,) & (M.J.R. J.,)
03.04.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
ias
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 04:17:52 pm )
W.A.(MD)Nos.105 and 741 of 2022
To:-
1.The Chief Secretary to the Government,
Secretariat, Chennai - 09.
2.The Secretary to the Government,
Home Department, Secretariat,
Chennai - 09.
3.The Superintendent of Police,
D.P.O.Nagercoil Post,
Kanyakumari District.
4.The Director General of Police,
Chennai.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 04:17:52 pm )
W.A.(MD)Nos.105 and 741 of 2022
G.R.SWAMINATHAN, J.
and
M.JOTHIRAMAN, J.
ias
W.A.(MD)Nos.105 and 741 of 2022
03.04.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/04/2025 04:17:52 pm )
