LAWS(MAD)-2019-7-160

R RAJENDRAN Vs. STATE OF TAMIL NADU

Decided On July 16, 2019
R RAJENDRAN Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) The writ petition, styled as a public interest litigation, is filed by a resident of Kongu Nagar, Vengamedu, Karur, stating among other things that Mr.V.Vikraman, IPS, was transferred and posted as Superintendent of Police only on 11.5.19 and he was discharging his duties honestly and effectively and brought forth positive changes within the short tenure of his service and he has also strictly enforced law and order and public order, but, however, due to political influence and other extraneous considerations, he has been transferred within fifty days from the date of his posting. Therefore, against the said transfer, the petitioner submitted a representation dated 28.6.19 through e-mail to the Home Secretary and despite receipt and acknowledgement, since no response was forthcoming, the petitioner is constrained to file the present writ petition.

(2.) When the learned counsel appearing for the petitioner was about to commence his arguments, this Court posed a question that since this is a service matter, how a public interest litigation is maintainable, that too by a lawyer to which the learned counsel for the petitioner is unable to respond positively.

(3.) The petitioner is a practising advocate and a member of the Karur Bar and as a lawyer, before he files a writ petition, he is supposed to gather materials especially with regard to the legal position as to the maintainability of public interest litigation and it appears that the petitioner has failed to discharge the said duty.