The Madurai Bench dismissed a writ appeal challenging the rejection of a mercy petition by police authorities. The court held that an eighteen-year delay after the filing of the mercy petition warrants dismissal.
The appeal dismissed with no costs. The order of 20.02.2024 made in W.P(MD)No.13525 of 2021 is affirmed.
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.A(MD)No.1299 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.A(MD)No.1299 of 2024
S.Rajarathinam ... Appellant/Petitioner
-vs-
Chennai – 600 004.
Madurai.
Madurai District. ... Respondents/Respondents
PRAYER: Appeal filed under Clause 15 of Letters Patent, against the order passed in W.P(MD)No.13525 of 2021, dated 20.02.2024.
For Appellant :Mr.A.Rajaram
For Respondents :Mr.P.T.Thiraviyam, Government Advocate
JUDGMENT
[Judgment of the Court was made by R.SUBRAMANIAN, J.]
Being aggrieved by the order of the Writ Court, dated 20.02.2024 made in
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W.A(MD)No.1299 of 2024
W.P(MD)No.13525 of 2021, the writ petitioner/appellant, is on appeal.
2. The writ petition filed by the appellant/writ petitioner challenging the punishment of rejection in rank for a period of two years on 27.03.1999, has been dismissed by the Writ Court solely on the ground of delay. The Original Authority imposed the punishment on 27.03.1999. The Appellate Authority rejected the appeal on 25.06.1999 and the Revisional Authority rejected the revision on 30.06.2003. Thereafter, the writ petitioner claimed that he has filed a mercy petition and kept quiet for almost eighteen years. In 2021, he moved this Court by filing a writ petition seeking disposal of the mercy petition and thereafter, the authorities obliged the petitioner by passing an order rejecting the mercy petition enabling him to approach this Court. The eighteen years delay after filing of the mercy petition would itself disqualify the writ petitioner from seeking any remedy before this Court. Hence, we do not see any merit in this writ appeal and accordingly, the same is dismissed. No Costs.
[R.S.M., J.] [L.V.G., J.] 07.08.2024
NCC :Yes/No Index :Yes/No Internet :Yes
PM To: 1.The Director General of Police(TN), Office of the Director General of Police, Mylapore, Chennai – 600 004.
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W.A(MD)No.1299 of 2024
3.The Superintendent of Police, Madurai, Madurai District.
R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.
PM
W.A(MD)No.1299 of 2024
Page 3 of 4
W.A(MD)No.1299 of 2024
07.08.2024
Page 4 of 4
1 issue framed by the court
Whether the appeal should be allowed despite a delay of approximately eighteen years after the filing of the mercy petition.
S.Rajarathinam
1.The Director General of Police(TN)
2.The Deputy Inspector General of Police
3.The Superintendent of Police
R.SUBRAMANIAN
L.VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
