Take Action Against District Collectors & Police Officials If They Don't Act To Remove Orderly System: Madras High Court

The bench of Justice SM Subramaniam and Justice K Surender noted that the orderly system had been abolished in the state and the government was duty-bound to work out modalities for enforcing its policy decision. For this, the court added that suitable actions could be taken against the officials who were not functioning in tune with government policies.

“In the present case, the colonial practise, since abolished long before, in practice it is continuing. Thus, Government is duty bound to work out modalities to enforce their own policy decision, if necessary by initiating suitable actions not only against the District Collectors but also against the police officials, who all are not functioning in tune with the Government policies and instructions, which is the duty mandated on them under the Constitution as well as under the Service Rules,” the court said.

The court was taking up a petition filed by Advocate A Radhakrishnan, seeking police protection based on his representation. One of the reasons cited for failure to provide police protection was the lack of police personnel.

The court then questioned whether its earlier order on abolishing the orderly system had been complied with. It may be noted that in August 2022, Justice Subramaniam had ordered a complete abolition of the orderly system in the State. The court had directed the authorities to remove the orderlies appointed in the residence of retired officials and added that if any complaint was received, it would take disciplinary action.

Though the DGP submitted that the system had been abolished in the state, refused to accept the report. The court took note of recent news reports, which suggested that the uniformed personnel continued to be made to work as orderlies.

The court had thus suo moto impleaded the Chief Secretary and the Home Secretary and sought an explanation from them. The court had also asked the Advocate General to assist the court. The AG suggested that district-level committees could be formed to ensure that the orderly system is completely abolished.

The court agreed and directed the Tamil Nadu Home Secretary to constitute district-level monitoring committees. The committee was to be headed by respective District Collectors and consist of one revenue officer not below the rank of DRO. The committee was to also have two police officials not below the rank of Deputy Superintendent of Police/Assistant Commissioner of Police, who would be directly nominated by the District Collector.

Following this, when the case came up for hearing recently, the AG informed the court that instructions have been issued to the police authorities to ensure that the system is completely abolished.

The court observed that the District Collectors, upon receiving any information or written complaint, should act swiftly and conduct an enquiry through the officials and initiate appropriate action as per the directives of the Government. The court added that any collusion between higher officials should be viewed seriously, as such lapses would affect the administrative function of the State.

The court also highlighted that the enforcement of Government orders and policies should be of paramount importance.

Counsel for Petitioner: M/s. A. Radhakrishnan [P-I-P]

Counsel for Respondent: Mr. P. S. Raman Advocate General asst by Mr. E. Raj Thilak Additional Public Prosecutor

Case Title: A Radhakrishnan v. The Secretary, Ministry of Home Affairs and Others

Citation: 2026 LiveLaw (Mad) 107

Case No: WP Crl. No. 472 of 2025