1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.14379 of 2011 and M.P.(MD).Nos.1 to 3 of 2011 V.Velusamy ... Petitioner Vs. 1. The Secretary to Government, Home Department, Government of Tamilnadu, Secretariat, Chennai. 2. The Director General of Police, Office of the Director General of Police, Beach Road, Chennai- 600 004. 3. The Inspector General of Police, Office of the Inspector General of Police, Puthunatham Road, Madurai. 4. The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District, Virudhunagar. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records connected with C.No.F1/20325/2011 D.O.No.522/2011 dated 28.04.2011 on the file of the respondent No.4 and quash the same as illegal with consequential direction to the respondents to reinstate the petitioner in service with all attendant benefits from the date of suspension in accordance with law within a stipulated time. For Petitioner : Mr.R.Alagumani For Respondents : Mr.T.R.Janarthanan, Additional Government Pleader O R D E R The petitioner V.Velusamy, who has been placed under suspension by the impugned order passed by the fourth respondent, the Superintendent of Police, Virudhunagar in C.No.F1/20325/2011/D.O.No.522/2011 dated 28.04.2011, has come to this Court challenging the correctness of the impugned suspension order, on the ground that one Pulugayee, W/o. Muthu, resident of PSK Malaiyapuram, Rajapalayam, Virudhunagar District, lodged a complaint against the petitioner as though the petitioner had kidnapped her daughter viz., Thamarai. On the basis of the said complaint, a criminal case was registered in Crime No.334 of 2011 under Sections 417 and 366 of I.P.C. Thereafter, the petitioner also appeared before the District and Sessions Court at Srivilliputhur and obtained an order of anticipatory bail before the District and Sessions Court at Srivilliputhur. An affidavit was also filed by the said Thamarai mentioning the fact clearly that she was not kidnapped by anyone. Only on the basis of the affidavit filed by the said Thamarai, D/o. Pulugayee, https://hcservices.ecourts.gov.in/hcservices/ 2 the complainant/ the petitioner was enlarged on anticipatory bail on 29.04.2011. When the concerned person viz., Thamarai, D/o. Pulugayee herself appeared before the District Court and filed an affidavit stating that the petitioner was not responsible, the question of placing the petitioner under suspension by the impugned order cannot stand to any reason. On that basis, he has challenged the impugned order. 2. The learned counsel appearing for the petitioner contended that the petitioner has also submitted a detailed representation mentioning all these facts. But the said representation till date has not been considered. Under such circumstances, this Court without going into the merits of the case, since the said Thamarai, D/O. Pulugayee has filed an affidavit before the District Court stating that the petitioner was not responsible, is inclined to direct the fourth respondent to consider the petitioner's representation dated 05.11.2011 and pass appropriate orders on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order. 3. Mr.T.R.Janarthanan, learned Additional Government Pleader appearing for the respondents submitted that four weeks time may be granted for disposal of the said representation. 4. This Court taking note of the pendency of the representation, directs the fourth respondent to consider the petitioner's representation dated 05.11.2011 and pass appropriate orders on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order. With this, the Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar To 1. The Secretary to Government, Home Department, Government of Tamilnadu, Secretariat, Chennai. 2. The Director General of Police, Office of the Director General of Police, Beach Road, Chennai- 600 004. 3. The Inspector General of Police, Office of the Inspector General of Police, Puthunatham Road, Madurai. 4. The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District, Virudhunagar. + 1 cc to The Special Government Pleader, SR No.44328 W.P.(MD)No.14379 of 2011 16.12.2011 akv/RJ/3.1.12/(2p/6c) https://hcservices.ecourts.gov.in/hcservices/