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Madras High CourtWP/34789/2007disposed of

G.Jayakumar v. Union Of India

2022-11-23Honourable Mrs Justice J. Nisha Banu5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:23.11.2022 Coram:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and M.P.Nos.1 of 2007 & 1 of 2008 G.Jayakumar ... Petitioner Vs.

1.Union of India rep.by its Chief Commissioner of Central Excise Mahatma Gandhi Road Nungambakkam, Chennai - 600 034.

2.The Director of Estates Office of the Directorate of Estates AEM - C Section, Shastri Bhavan Chennai - 600 034.

3.The Estate Officer Office of the Directorate of Estates AEM - C Section, Shastri Bhavan Chennai - 600 034.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the impugned order passed by the 3rd respondent dated 22.08.2007, bearing No.C/19/68/2007/AEM (M) (M)/2790 and all further proceedings pursuant to the same and quash the same and consequently direct the respondents to permit the petitioner to remain in public premises / Government Page No.1/5

accommodation in bearing Door No.24/12, CPWD Quarters, K.K.Nagar, Chennai - 600 078.

For Petitioner :

Mr.K.Raja For Respondents :

Mr.C.Kulanthaivelu, SPC

ORDER

This Writ Petition has been filed praying for issuance of Writ of Certiorarified Mandamus, calling for the impugned order passed by the 3rd respondent dated 22.08.2007, bearing No.C/19/68/2007/AEM (M) (M)/2790 and seeks to quash the same and consequently to direct the respondents to permit the petitioner to remain in public premises / Government accommodation, bearing Door No.24/12, CPWD Quarters, K.K.Nagar, Chennai - 600 078.

2.Today, when the matter is taken up for hearing, the learned counsel for the petitioner would submit that the petitioner undertakes to vacate the premises on or before 31.12.2022.

3.The learned Senior Panel Counsel appearing for the respondents brought to the notice of this Court that the petitioner has been compulsorily Page No.2/5

retired from service in the year 2016 itself and he is squatting over the Government accommodation, without paying license fee and penal damages.

4.Recording the submissions made by the learned counsel appearing for the petitioner that the petitioner would vacate the premises on or before 31.12.2022, the petitioner is directed to vacate the premises and hand over the possession on or before 31.12.2022. If the petitioner fails to vacate the premises, the respondents shall take the aid of the police, to vacate him from the said premises. As far as License fee and penal damages are concerned, the respondents are at liberty to proceed against the petitioner in the manner known to law.

5.In the result, this Writ Petition is disposed of on the above terms. No costs. Consequently connected miscellaneous petitions are closed. 23.11.2022 Jer Page No.3/5

Index:Yes/No Internet:Yes/No Speaking Order: Yes/No To 1.The Chief Commissioner of Central Excise Union of India Mahatma Gandhi Road Nungambakkam, Chennai - 600 034.

2.The Director of Estates Office of the Directorate of Estates AEM - C Section, Shastri Bhavan Chennai - 600 034.

3.The Estate Officer Office of the Directorate of Estates AEM - C Section, Shastri Bhavan Chennai - 600 034.

Page No.4/5

J.NISHA BANU, J., Jer 23.11.2022 Page No.5/5