A writ appeal is not maintainable if the appellant has already challenged the same order in a review application and an intracourt appeal, which were both dismissed.

W.A(MD) No.611 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 04.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR

and

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

W.A.(MD) No.611 of 2022

C.Arunkumar

... Appellant

-vs-

1.The Director General of Police,

State Head Quarters Office,

Chennai – 4.

2.The Chairman,

Tamil Nadu Uniformed Services,

Recruitment Board,

Old Commissioner of Police Office Campus,

Pantheon Road, Egmore,

Chennai – 600 008.

3.The Superintendent of Police,

Madurai, Madurai District.

4.The Inspector of Police,

Chathirapatti Police Station,

Madurai District.

... Respondents

PRAYER: Writ Appeal filed under Section I5 of Letters Patent against

the order dated 10.05.2019 made in W.P.(MD)No.12670 of 2018.

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W.A(MD) No.611 of 2022

For Appellant

:

Mr.R.Murugan

For Respondents

:

Mr.Veera Kathiravan,

Assisted by Mr.K.Balasubramani,

Special Govt. Pleader.

JUDGMENT

(Judgment of the Court was delivered by D.KRISHNAKUMAR, J.)

Challenging the order dated 10.05.2019 made in W.P.(MD)No.

12670 of 2018, the appellant has come forward with this writ appeal.

2. The appellant was selected for the post of Police Constable

Grade II for the year 2017 and thereafter, his application was rejected by

order dated 26.04.2018, on the ground that he was suppressed the

information of involvement in criminal case in C.C.No.242 of 2013. As

against the same, the appellant has filed a Writ Petition in W.P(MD).No.

12670 of 2018 and this Court, by order order dated 10.05.2019,

dismissed the same. Hence, the appellant has filed a review application

on 05.07.2019 in Rev.Apl.W.(MD)No.88 of 2021. The said review

application was also dismissed by this Court on 21.10.2021. Challenging

the aforesaid order passed in the review application, the appellant has

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W.A(MD) No.611 of 2022

filed an intra Court appeal in W.A.No.(MD)No.2105 of 2021. This Court

by order dated 22.11.2021, dismissed the said writ appeal. Therefore, the

appellant has now filed the instant writ appeal, challenging the order

passed in W.P.(MD)12670 of 2018, dated 10.05.2019.

3. The learned counsel appearing for the appellant submitted that

at the time of registration of FIR in Crime No.668 of 2012, the appellant

was a juvenile and he has not completed 18 years. He further submitted

that the learned Single Judge omitted to take note of the facts that the

case registered against juvenile cannot be taken into consideration as

involvement in criminal case and prior to the notification issued by the

Government, the criminal case as against the appellant was ended in

acquittal and therefore, the order of the learned single Judge warrants

interference.

4. The learned Additional Advocate General appearing for the

respondents submitted that challenging the order passed in the writ

petition, the appellant has filed a review application in Rev.Apl.W.

(MD)No.88 of 2021. The said review application was also dismissed by

this Court on 21.10.2021. Challenging the aforesaid order passed in the

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W.A(MD) No.611 of 2022

review application, the appellant has filed an intra Court appeal in

W.A.No.(MD)No.2105 of 2021. This Court, by order dated 22.11.2021,

dismissed the said writ appeal without giving any liberty to the appellant

to challenge the said order. He further submitted that now the appellant

has filed the present writ appeal challenging the order passed by the

learned single Judge in W.P.(MD)12670 of 2018, dated 10.05.2019 and

therefore, this Writ Appeal is not maintainable and the same is liable to

be dismissed.

5. We have considered the submissions made by the learned

counsel appearing on either side and perused the materials available on

record.

6. On a perusal of the records, i