The Madurai Bench of Madras High Court dismissed a writ petition challenging police station staffing. The court held that seeking police appointments based on communal lines is not maintainable and unconstitutional.
Dismissed the writ petition seeking direction to appoint police officials on communal lines without awarding costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD)No.6975 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.02.2022
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
W.P(MD)No.6975 of 2018 and W.M.P(MD)No.6745 of 2018
A.Sivakumar ... Petitioner
Vs.
1.The Government of Tamil Nadu, rep. by its Secretary, Department of Public, Fort St. George, Chennai-9. 2.The Director General of Police, DGP Office, Dr.Radha Krishnan Road, Mayilapore, Chennai-5.
3.The Inspector General of Police, South Zone, Race Course Road, Madurai-20.
4.The Superintendent of Police, SP Office, Theni & District-625 531.
5.The Inspector of Police, Chinnamanur Police Station, Theni District.
6.Mr.Sultan Ibrahim ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, directing the respondents Nos.1 to 4 to consider the representation dated 19.03.2018 and to direct the respondents Nos.1 to 3 to conduct an impartial enquiry on the representation, based on the material fact if it would be found correct, to transfer the police personnel who are all belong to local-dominant-caste working under the 5th respondent and to bring the police personnel other than Theni District in order to implement the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 & Amended Act, 2015 with Rules.
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W.P(MD)No.6975 of 2018
For Petitioner : Mr.P.Vijendran For R1 to R5 : Mr.A.Thiruvadikumar Additional Public Prosecutor
ORDER
The prayer in this writ petition to appoint police officials on communal line is not maintainable and against constitution. Hence, this petition is dismissed. If at all the petitioner is aggrieved by the inaction of the police on his complaint, his remedy is to seek action on his complaint and not to seek a prayer to post the police officials on communal line. Though this Court initially inclined to dismiss the petition by imposing costs for filing such petition invoking the provisions of the Constitution, but taking note of the submission of the learned counsel for the petitioner, this Court refrain from passing any costs. In the result, writ petition is dismissed. No order as to costs. Consequently, connected miscellaneous petitions are closed.
Assistant Registrar (AD-I)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
am
To
1.The Secretary, Government of Tamil Nadu, Department of Public, Fort St. George, Chennai-9. 2.The Director General of Police, DGP Office, Dr.Radha Krishnan Road, Mayilapore, Chennai-5. 3.The Inspector General of Police, South Zone, Race Course Road, Madurai-20. 4.The Superintendent of Police, SP Office, Theni & District-625 531.
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W.P(MD)No.6975 of 2018
5.The Inspector of Police, Chinnamanur Police Station, Theni District.
6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
W.P(MD)No.6975 of 2018 02.02.2022
RK(15/02/2022) 3P 7C
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2 issues framed by the court
Whether a writ petition seeking appointment of police officials on a communal line is maintainable.
Whether a prayer to post police officials based on caste is against the Constitution.
2 provisions across 2 enactments
A. Sivakumar
Government of Tamil Nadu
Director General of Police
Inspector General of Police
Superintendent of Police
Mr. Sultan Ibrahim
G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
