Madras High Court
The State Of Tamilnadu vs J.Yuvaraj on 27 February, 2025
Author: J.Nisha Banu
Bench: J. Nisha Banu, S.Srimathy
W.A(MD)Nos.379 and 380 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.02.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J. NISHA BANU
and
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A(MD)Nos.379 and 380 of 2024
and
C.M.P.(MD)Nos.3366 and 3367 of 2024
W.A(MD)No.379 of 2024:
1.The State of Tamilnadu,
Represented by its Secretary to Government,
Home Department,
Fort St.George, Chennai-600 009.
2.The Commissioner of Police,
Madurai City, Madurai.
3.The Deputy Commissioner of Police (Law and Order),
Madurai City, Madurai.
4.The Assistant Commissioner of Police,
Thideernagar (Law and Order) Division,
Madurai City, Madurai. ... Appellants
Vs.
J.Yuvaraj ... Respondent
Prayer: Writ Appeal filed under Clause 15 of the Letter Patent against the order
of this Court in W.P.(MD)No.19656 of 2016, dated 29.09.2021.
1/7
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W.A(MD)Nos.379 and 380 of 2024
W.A(MD)No.380 of 2024:
1.The State of Tamilnadu,
Represented by its Secretary to Government,
Home Department,
Fort St.George, Chennai-600 009.
2.The Commissioner of Police,
Madurai City, Madurai.
3.The Deputy Commissioner of Police (Law and Order),
Madurai City, Madurai.
4.The Assistant Commissioner of Police,
Thideernagar (Law and Order) Division,
Madurai City, Madurai. ... Appellants
Vs.
J.Yuvaraj ... Respondent
Prayer: Writ Appeal filed under Clause 15 of the Letter Patent against the order
of this Court in W.P.(MD)No.4394 of 2017, dated 29.09.2021.
In both cases:
For Appellants :M/s.D.Farjana Ghoushia
Special Government Pleader
For Respondent :Mr.D.Sivaraman
***
COMMON JUDGMENT
(Judgment of the Court was delivered by S.SRIMATHY, J.)
The issue in both the writ appeals are similar, hence both were taken
and common order is passed.
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W.A(MD)Nos.379 and 380 of 2024
2.(i) The writ appeal in W.A.(MD)No.379 of 2024 is preferred against
the order, dated 29.09.2021, passed in W.P.(MD)No.19656 of 2016. The writ
petition in W.P.(MD)No.19656 of 2016 is filed for issuance of Writ of
Certiorari, to quash the impugned order, dated 08.09.2016.
2.(ii) The writ appeal in W.A.(MD)No.380 of 2024 is filed against the
order, dated 29.09.2021, passed in W.P.(MD)No.4394 of 2017. The writ petition
in W.P.(MD)No.4394 of 2017 is filed for issuance of a Writ of Certiorarified
Mandamus, to quash the impugned order, dated 03.03.2017, in so far as treating
the petitioner as not eligible for upgradation to the post of Head Constable and
further, to direct the respondents to promote the petitioner to the post of Head
Constable with effect from 01.03.2017 by placing him above his immediate
junior with all monetary and consequential benefits.
3. The brief facts as stated in the writ petition are that the respondents
therein initiated disciplinary proceedings by issuing a charge memo, dated
08.09.2016, on the only charge that the petitioner has purchased properties
without seeking prior permission from the respondents. Before issuing the
charge memo, the respondents had repeatedly issued memos and the petitioner
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W.A(MD)Nos.379 and 380 of 2024
had submitted several replies explaining that the petitioner's father and mother
had left some properties and the family as a whole decided to sell one of the
properties inherited from the petitioner's mother for the purpose of purchasing
another property. The petitioner had submitted a representation to the 2 nd
respondent on 15.04.2013, seeking permission to purchase the property.
Thereafter, the petitioner along with his family members sold the co-ownership
properties on 10.06.2013. Out of the sale proceeds, the petitioner and his
brother jointly purchased the land.
4. The Learned Single Judge had considered the rival contentions and
held when the petitioner had submitted the representation, dated 15.04.2013,
thereby, intimated to the respondents regarding the selling of the property and
purchase of the new property and the said representation would satisfy Rule 9
of Tamil Nadu Subordinate Police Officers Conduct Rules, 1964. Specifically,
as per Rule 9(1)(a), it is sufficed if the employee gives a notice to the
prescribed authority regarding the sale and purchase of the property. The said
notice, dated 15.04.2013, by the petitioner would satisfy Rule 9(1)(a). Hence,
the Learned Single Judge allowed the writ petitions.
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W.A(MD)Nos.379 and 380 of 2024
5. Aggrieved over the same, the present writ appeals are preferred by
the respondents in the writ petitions. The contention of the appellants is that the
writ petitioner had not obtained prior permission for selling and purchasing the
property. This Court is of the considered opinion that prior permission is not
necessary and only a simple notice to the appellants is sufficient as per Rule
9(1)(a). When the writ petitioner had issued notice to the appellants indicating
the intention to sell and purchase the property thereby satisfied Rule 9(1)(a),
then the appellants are incorrect. The Writ Court has rightly considered the
issue and allowed the writ petitions. There is no infirmity in the orders passed
in the writ petitions. Hence, both the writ appeals are dismissed and the orders
passed in the writ petitions are confirmed. No costs. Consequently, connected
miscellaneous petitions are closed.
[J.N.B., J.] [S.S.Y., J.]
27.02.2025
Index : Yes / No
Tmg
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W.A(MD)Nos.379 and 380 of 2024
To:
1.The Secretary to Government,
Home Department,
Fort St.George, Chennai-600 009.
2.The Commissioner of Police,
Madurai City, Madurai.
3.The Deputy Commissioner of Police (Law and Order),
Madurai City, Madurai.
4.The Assistant Commissioner of Police,
Thideernagar (Law and Order) Division,
Madurai City, Madurai.
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W.A(MD)Nos.379 and 380 of 2024
J.NISHA BANU, J.
and
S.SRIMATHY, J.
Tmg
W.A(MD)Nos.379 and 380 of 2024
27.02.2025
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