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2005 DIGILAW 1339 (MAD)

R. Muthukrishnan v. State of Tamil Nadu & Others

2005-08-11

FAKKIR MOHAMED IBRAHIM KALIFULLA, MARKANDEY KATJU

body2005
Judgment :- (Petition under Article 226 of the Constitution of India praying to issue a writ of certiorari calling for the records in respect of G.O.Ms.No. 1237, Home (Pol. VIII), 27th October, 2004 notified by the 2nd respondent under Notification No.II(2)/HO/943(e)/2004 published in Tamil Nadu Government Gazette Extraordinary on Wednesday, October 27, 2004 and quash the same holding it as void, highly illegal and unconstitutional being inconsistent with or in derogation of Article 13(3)(a) of the Constitution of India and further being in violation of Article 309 and Article 246(3) of the Constitution.) Markandey Katju, C.J. This writ petition has been filed against the impugned notification dated 27.10.2004 published in the Tamil Nadu Government Gazette Extraordinary on that date. By that notification the Award Scheme for Bravery, Heroic Action and Gallantry has been constituted for motivating personnel involved in any such action which is in public interest for ensuring safety and security to life and property of the society at large. 2. In our opinion, there is no illegality or unconstitutionality in the said notification. Obviously the object of that notification is to motivate the police force to be brave and courageous. Hence there is a reasonable classification with nexus to the object sought to be achieved and there is no violation of Article 14 of the Constitution of India. Under Article 162 of the Constitution such notification is well within the powers of the executive Government. Thus, there is no force in this petition and it is dismissed. Connected WPMP Nos.28076 and 28077 of 2005 are also dismissed.