Madras High Court
S.Karthikeyan vs The Director General Of Police on 17 July, 2025
W.P.(MD)No.22664 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.07.2025
CORAM
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
W.P.(MD) No.22664 of 2022
S.Karthikeyan
S/o.M.Senthamarai,
PC-Grade-II,
PC No.1945,
District AR Police Office,
Theni District. ... Petitioner
vs.
1.The Director General of Police,
O/o. the Director General of Police,
Dr. Radhakrishnan Salai,
Mylapore, Chennai.
2.The Superintendent of Police,
Theni District,
Theni.
3.The Commandant,
TN Special Police VI Battalion,
Madurai. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, to consider and decide the petitioner
representation made to 1st respondent for re-fixing the seniority by placing the
petitioner's name in the appropriate place in the select list of Grade II Police
Constable drawn for the year 2007-2008 along with his batch-mates including
promotion.
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W.P.(MD)No.22664 of 2022
For Petitioner :Mr.S.M.A.Jinnah
For Respondents :Mr.D.Sadiq Raja
Additional Government Pleader
ORDER
This Writ Petition has been filed with the following prayer:-
“to issue a Writ of Mandamus, to consider and decide the
petitioner representation made to 1st respondent for re-fixing the
seniority by placing his name in the appropriate place in the select
list of Grade II Police Constable drawn for the year 2007-2008
along with his batch-mates including promotion.””
2.The facts of the case in a nutshell, led to filing of this Writ Petition
and necessary for disposal of the same, are as follows:-
a) The petitioner's father, who was working as Police Constable, died
on 27.01.2004. Therefore, in pursuance of the Government Order made in
G.O.(4D) No.72, Home (Pol.15) Department, dated 01.08.2007, the petitioner
applied for the post of Grade II Police Constable on compassionate ground
among the candidates, who are wait listed for the post of Junior
Assistant/Typist. Even though, the petitioner passed the physical
examination, he was not given any appointment order and was informed that
the appointment order cannot be passed in favour of the petitioner, as he was
involved in a criminal case in CC.No.239 of 2003.
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b) It was further averred that at the time of trial in CC.No.239 of 2003,
the petitioner was juvenile and the trial Court, vide judgment dated
26.08.2003, acquitted the petitioner on the ground that the prosecution did not
prove the case against the petitioner beyond any reasonable doubt.
Thereafter, the petitioner filed a writ petition bearing W.P.(MD) No.11660 of
2008 before the Hon'ble Writ Court with the prayer to appoint him as Police
Constable Grade II with consequential benefits and the Hon'ble Writ Court,
vide judgment and order dated 04.12.2012, had disposed of the said writ
petition with the following directions:-
“12. Accordingly, the writ petition is allowed and the
respondents are directed to consider the case of the petitioner for
appointment to the post of Grade II Police Constable, if the
petitioner is otherwise fully qualified to the said post. The
respondents shall pass suitable orders within a period of four weeks
from the date of receipt of a copy of this order. Consequently,
connected Miscellaneous Petition closed. No costs.”
c) In compliance of the judgment and order made in W.P.(MD) No.
11660 of 2008, dated 04.12.2012, the petitioner was issued with an
appointment order by the Commandant, TSP 3rd Bn.Veerapuram, Chennai 55,
in C.No.A1/4601/2012, dated 23.03.2013, pursuant to which, the petitioner
joined duty in the Month of March, 2013 and is now presently working as
Police Constable in District AR Police Office, Theni District. Thus, seeking to
re-fix his seniority, the petitioner had made several representations to the
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respondents and the last representation was dated 11.05.2021, but neither
the seniority was re-fixed nor the representations of the petitioner were
considered so far. Thus, being no other alternative, the petitioner has filed the
present Writ Petition seeking the relief as stated supra.
3.Heard Mr.S.M.A.Jinnah, learned counsel for the petitioner and
Mr.D.Sadiq Raja, learned Additional Government Pleader for the
respondents.
4.The learned counsel for the petitioner, while reiterating the
averments made in the affidavit filed in support of this Writ Petition, submits
that in spite of more than four years have lapsed, the respondents are sitting
tight over the matter and had not passed any positive order in favour of the
petitioner. Thus, he submits that the respondents may be directed to consider
the claim of the petitioner in accordance with law within the time stipulated by
this Court.
5.Today, when the matter is taken up, Mr.D.Sadiq Raja, learned
Additional Government Pleader for the respondents submits that the
respondents have considered the claim and grievances of the petitioner and
have rejected the claim of the petitioner on merits and in accordance with law
by way of a reasoned and a speaking order. In this regard, he produced a
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copy of the decision taken by the second respondent, dated 30.11.2021
before this Court, which is now taken on record. A copy of the order passed
by the second respondent, dated 30.11.2021, has also been given to the
learned counsel for the petitioner.
6.Thus, the learned Additional Government Pleader for the
respondents submits that the relief sought for in the writ petition has now
become infructuous and no relief can be granted in the present writ petition,
as the respondents have already rejected the claim of the petitioner on
merits and in accordance with law by way of a reasoned and a speaking
order, vide order dated 30.11.2021 and the present writ petition may also be
dismissed. It was further submitted that if the petitioner is aggrieved by the
order dated 30.11.2021, he can challenge the same before the competent
Court of law.
7.Mr.S.M.A.Jinnah, learned counsel for the petitioner submits that he
has received a copy of the order passed by the second respondent, dated
30.11.2021, by which, the claim of the petitioner has been rejected by way of
a reasoned and a speaking order. Thus, he submits that he may be given
liberty to challenge the aforesaid order before the competent Court of law and
has no objection to dismiss the present Writ Petition also.
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8.Accordingly, in view of the submissions made by the learned counsel
for the parties and after perusing the records and averments made in the Writ
Petition and after perusal of the order passed by the second respondent,
dated 30.11.2021, by which, the claim of the petitioner has been rejected by
way of a reasoned and a speaking order, this Court is of the view that the
relief sought for in the present writ petition cannot be granted to the petitioner
at this stage and no useful purpose will be served in keeping this Writ Petition
pending before this Court, as the respondents have already rejected the claim
of the petitioner on merits and in accordance with law by way of a reasoned
and a speaking order, vide order dated 30.11.2021.
9.Thus, the Writ Petition stands dismissed with liberty to the petitioner
to challenge the order passed by the second respondent, dated 30.11.2021,
by which, the claim of the petitioner has been rejected by way of a reasoned
and a speaking order, before the competent Court of law, if he is aggrieved by
the same. The file is consigned to record. No costs.
Index :Yes / No 17.07.2025
Internet :Yes / No
NCC :Yes / No
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To
1.The Director General of Police,
O/o. the Director General of Police,
Dr. Radhakrishnan Salai,
Mylapore, Chennai.
2.The Superintendent of Police,
Theni District,
Theni.
3.The Commandant,
TN Special Police VI Battalion,
Madurai.
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SHAMIM AHMED, J.
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17.07.2025
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