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2025 DAILYLAW 26756 (MAD)

K.GOWTHAMAN v. STATE OF TAMILNADU

WP/27356/2013 · 2025-06-27

Mummineni Sudheer Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.27356 of 2013 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.06.2025 CORAM THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR W.P.No.27356 of 2013 and M.P.Nos.1 & 2 of 2013 1. K.Gowthaman 2. G.Augustine Paul Sudhakar 3. A.Yakkoob ... Petitioners Vs. 1. State of Tamil Nadu, Rep. by Principal Secretary to Government, Home Department, Secretariat, Chennai – 600 009. 2. The Director General of Police, Dr.Radhakrishnan Road, Mylapore, Chennai – 600 004. 3. The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 600 003. 4. V.Balasubramanian 5. S.Balasubramanian 6. N.Rajarajan 7. R.Veeraperumal 8. S.Perumal Swamy 9. D.Kandaswamy p. 2 W.P.No.27356 of 2013 10. K.Thirumalaichamy [R4 to R10 impleaded vide order dated 04.10.2013] 11. A.Mohan Nawas 12. M.Rajendran 13. A.Elango 14. J.Rathinavel 15. K.Gunasekaran 16. M.Balasubramanian 17. S.Kumaravelu 18. M.Gnanasekaran 19. L.Srinivasan 20. S.Velladurai 21. S.Layola Ignatius 22. K.Rajavel 23. V.Subbaraj [R11 to R23 impleaded vide order dated 21.10.2013] 24. K.Rajeswaran 25. S.Saravanan 26. P.Kumar 27. R.Moorthy 28. M.S.Madasamy 29. P.Anburaj 30. P.Sachidanandam 31. P.Janagaraj 32. K.Duraisamy 33. S.Prabakaran p. 3 W.P.No.27356 of 2013 34. L.Selvan 35. A.P.Nagaraj ... Respondents [R24 to R35 impleaded vide order dated 04.11.2013] Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned Government Order issued by the first respondent in G.O (Ms) No.771, Home (Pol-1A) Department, dated 29.09.2013 and quash the same. For Petitioners : Mr.J.Jayamalan for Mr.S.Nedunchezhiyan For R1 & R2 : Mr.Ramanlal, Additional Advocate General assisted by Mr.Yogesh Kannadasan, Special Government Pleader For R3 to R35 : No appearance O R D E R This writ petition has been filed challenging the orders issued by the first respondent in G.O (Ms) No.771, Home (Pol-1A) Department, dated 29.09.2013. 2. Heard Mr.J.Jayamalan, learned counsel for the petitioners and p. 4 W.P.No.27356 of 2013 Mr.Ramanlal, learned Additional Advocate General assisted by Mr.Yogesh Kannadasan, learned Special Government Pleader appearing for the respondents 1 and 2. 3. When the matter is taken up for consideration today in the forenoon session, it is brought to the notice of this court by Mr.Ramanlal, learned Additional Advocate General, that the impugned Government Order was issued subject to the result of a batch of writ petitions which were pending by then before this court in W.P.Nos.24461 of 2013 and batch. The said batch of writ petitions referred to above was allowed by a Co-ordinate Bench of this court by an order dated 02.12.2020, by duly quashing the orders issued in G.O.Ms.No.550, Home (Police -2) Department, dated 24.07.2013. Consequence thereto, the State also amended the relevant rule namely, Sub-Rule (B) of Rule 11 of the Special Rules for the Tamil Nadu Police Service, with retrospective effect from 19.03.1996, in the light of the orders dated 02.12.2020 passed in W.P.Nos.24461 of 2013 and batch, and that in view of the amendment to Sub Rule (B) of Rule 11 of the Special Rules for the Tamil Nadu Police Service, the impugned Government Order is p. 5 W.P.No.27356 of 2013 liable to be quashed. 4. As there was no representation for the private respondents in the forenoon session, the matter was passed over, and during the post-lunch session also, there is no representation for the private respondents. 5. In the light of the above, this court is convinced that the impugned Government Order is liable to be quashed, in consequence of the orders dated 02.12.2020 passed in W.P.Nos.24461 of 2013 and batch and accordingly, the impugned order bearing G.O (Ms) No.771, Home (Pol-1A) Department, dated 29.09.2013, is hereby quashed. 6. Accordingly, the writ petition is allowed. No costs. Connected miscellaneous petitions, if any, shall stand closed. 27.06.2025 skr (1/2) Index : Yes / No Speaking order / Non-speaking order Neutral Citation : Yes / No To p. 6 W.P.No.27356 of 2013 1. State of Tamil Nadu, Rep. by Principal Secretary to Government, Home Department, Secretariat, Chennai – 600 009. 2. The Director General of Police, Dr.Radhakrishnan Road, Mylapore, Chennai – 600 004. 3. The Secretary, Tamil Nadu Public Service Commission, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 600 003. MUMMINENI SUDHEER KUMAR, J. skr W.P.No.27356 of 2013 p. 7 W.P.No.27356 of 2013 27.06.2025 (1/2)