Allowed

S.Murugan, v. the Director General of Police

Madras HC9 Jun 2023WMP/17655/2022

Case brief

AI extract

What is this about?

The Court allowed applications seeking modification of an order dismissing writ petitions as withdrawn. It granted liberty to file fresh writ petitions to avoid technical bars, ensuring substantive justice without prejudice to the respondent.

What did the court decide?

Petitions allowed granting liberty to approach the Court by way of fresh Writ Petitions coupled with withdrawal.

S.Murugan, Vs the Director General of Police — Writ and Judicial Review | Madras HC (2023)

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W.M.P.Nos.17655 & 17657 of 2022 in

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W.P.Nos.28487 & 28488 of 2017

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P.B.BALAJI, J.

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These Applications have been filed to modify the Common Order dated 29.06.2018 passed in the W.P.Nos.28487 & 28488 of 2017.

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2.The only point involved in the above captioned Miscellaneous

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Petitions is that the Writ Petitions were dismissed as withdrawn at the instance of the Department on the premise that the respondents will consider the petitioners' representation positively, if the Writ Petitions were withdrawn. However, according to the petitioners, the respondents have not

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taken any action despite the petitioners' withdrawing the Writ Petitions.

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3.Under such compelling circumstances, the petitioners' were constrained to approach this Court again. However, the earlier withdrawal of the above Writ Petitions without liberty may pose a hurdle. In such circumstances, the petitioners' have come forward with the present Applications seeking for modification of the common order dated 29.06.2018 1/4

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https://www.mhc.tn.gov.in/judis

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to the effect that the withdrawal may be coupled with liberty to approach this

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Court by way of a fresh Writ Petition.

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4.This Court had perused the affidavits filed in support of this above captioned Miscellaneous Petitions. Filing of fresh Writ Petition would not cause any serious prejudice to the respondents and they will always be at liberty to object to the same on merits. By allowing these Petitions, the technicality of bar of filing a fresh Writ Petition will not be put against the petitioners.

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5.This Court feels that it is fair and appropriate in this circumstances to

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allow the above captioned Miscellaneous Petitions as prayed for.

09.06.2023

gba

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https://www.mhc.tn.gov.in/judis

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P.B.BALAJI, J.

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gba

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W.M.P.Nos.17655 & 17657 of 2022 in W.P.Nos.28487 & 28488 of 2017

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3/4

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https://www.mhc.tn.gov.in/judis

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09.06.2023

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4/4

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https://www.mhc.tn.gov.in/judis

S.Murugan, v. the Director General of Police

Case brief

What is this about?

What did the court decide?

S.Murugan, v. the Director General of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Coram

Case details

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