Citation : 2026 Latest Caselaw 1106 Mad
Judgement Date : 11 March, 2026
W.A.No.692 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.03.2026
CORAM :
THE HONOURABLE MR.JUSTICE R. SURESH KUMAR
AND
THE HONOURABLE MR.JUSTICE N. SENTHILKUMAR
W.A.No.692 of 2026
S.Kalaimathi .. Appellant
Vs.
1. The State of Tamil Nadu
Rep. By its Secretary to Government
Home (Police) Department
Secretariat, Chennai – 600 009.
2. The Director General of Police
Dr.Radhakrishnan Salai, Mylapore
Chennai – 600 004.
3. The Commissioner of Police
Greater Chennai Police
EVK Sampath Road, Periamet
Vepery, Chennai – 600 007. .. Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent, against
the order dated 27.11.2025 made in W.P.No.46143 of 2025.
For the Appellant : Mr.Rajendraprasad K
For the Respondents : Mr.S.Yashwanth
Additional Government Pleader
Page 1 of 6
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W.A.No.692 of 2026
JUDGMENT
(Judgment of the Court was made by R.SURESH KUMAR, J.)
This intra-Court appeal has been directed against the order
passed by the Writ Court dated 27.11.2025 made in W.P.No.46143
of 2025.
2. That the present appellant was the writ petitioner, who was
working in the respondent Department and due to desertion, she
had been terminated from service in the year 2009. Having receipt
of the said termination order, she has kept mum for sixteen long
years and all of a sudden, on 13.10.2025, she made a
representation to reinstate her on medical grounds and in order to
consider the said representation, she has moved the said writ
petition, seeking a mandamus, which was considered and rejected
by the Writ Court through the order impugned.
3. Heard Mr.Rajendraprasad K, learned counsel appearing for
the appellant/writ petitioner, who would submit that, since the
appellant/writ petitioner was suffering with cancer, continuous
treatment has been taken by her and since the employer had no
occasion to consider this position, in order to consider the same, a
representation, though belatedly has been given, the same ought to
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have been directed to be considered. However, without considering
it in proper perspective, the writ petition since has been dismissed
by the Writ Court through the order impugned, it requires
interference at the hands of this Division Bench, he contended.
4. We have considered the said submissions made by the
learned counsel appearing for the appellant/writ petitioner and we
are not impressed with the same. Absolutely no plausible reason
has been given as to why no action has been taken in making any
request or representation with regard to the medical ground of the
appellant/writ petitioner as against the order of termination, which
was made in the year 2009. Therefore, after sixteen years, no
sympathy could be shown by the Law Courts, as that would be a
misplaced sympathy.
5. Therefore, the reasons given by the learned Judge in
rejecting the said writ petition through the order impugned is fully
justifiable and sustainable, hence, we do not want to interfere with
the said order passed by the Writ Court. As a result of which, the
writ appeal is liable to be dismissed and accordingly, it is dismissed.
No costs.
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6. The dismissal of this writ appeal would not stand in the way
to re-agitate the issue by the appellant/writ petitioner pursuant to
the reply issued by the respondents dated 24.10.2025, where, a
liberty has been given to the appellant/writ petitioner to file a
revision before the Director General of Police, Government of Tamil
Nadu, Chennai, to redress her grievance.
7. Consequently, C.M.P.No.6746 of 2026 is closed.
(R.S.K., J.) (N.S., J)
11.03.2026
Speaking Order/Non-Speaking Order
Index:Yes/No
Internet:Yes/No
Neutral Citation:Yes/No
(drm)
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To:
1. The Secretary to Government
The State of Tamil Nadu
Home (Police) Department
Secretariat, Chennai – 600 009.
2. The Director General of Police
Dr.Radhakrishnan Salai, Mylapore
Chennai – 600 004.
3. The Commissioner of Police
Greater Chennai Police
EVK Sampath Road, Periamet
Vepery, Chennai – 600 007.
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R. SURESH KUMAR, J.
AND
N. SENTHILKUMAR, J.
(drm)
11.03.2026
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