S.Cisely v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.04.2017

CORAM

THE HONOURABLE MR. JUSTICE M.DURAISWAMY W.P.No.34611 of 2015 and M.P.Nos.1 to 3 of 2015 S.Cisely .. Petitioner Vs.

1.The District Collector Office of the District Collector Nilgiris District.

2.The Principal Breeks All India Secondary School (Affiliated to the CBSE New Delhi Affiliation No.19369) Ootacamund 643 001 The Nilgiris, Tamil Nadu.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorari to call for the proceedings of the second respondent dated 13.04.2015 followed by subsequent proceedings dated 09.10.2015 and quash the same.

For Petitioner : Ms.Dr.R.Gouri For R1 : Mr.S.V.Durai Solaimalai Additional Government Pleader

O R D E R

The petitioner has filed the above writ petition to issue a writ of Certiorari to call for records of the proceedings of the second respondent dated 13.04.2015, followed by subsequent proceedings dated 09.10.2015 and to quash the same.

2. It is a case of the petitioner that her husband was working as a Library Assistant in the second respondent institution and during his service, he met with a fatal accident on 04.02.2014. On his demise, the petitioner was left as a https://hcservices.ecourts.gov.in/hcservices/

destitute to take care of herself along with her two male children. The second respondent institution provided a staff quarters to the petitioner's husband and after his demise, the second respondent called upon the petitioner to vacate the quarters by his proceedings dated 13.04.2015. The petitioner was also served with subsequent proceedings of the second respondent dated 09.10.2015 calling upon the petitioner and her family members to vacate the quarters. Aggrieved over this order, the petitioner has filed the writ petition.

3. When the quarters has been allotted to the petitioner's husband, while he was in service, the petitioner cannot continue to occupy the premises forever. Though the petitioner had died on 04.02.2014, for more than three years, the petitioner had continued with occupation of the staff quarters.

4. In these circumstances, the order passed by the second respondent is just and proper. I do not find any reason to interfere with the orders passed by the second respondent. The Writ Petition is devoid of merits and the same is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The District Collector Office of the District Collector Nilgiris District.

+1cc to Mr.S. Gunasekaran, Advocate, S.R.No.22624 ca(CO) md(24/04/2017) W.P.No.34611 of 2015 and M.P.Nos.1 to 3 of 2015 https://hcservices.ecourts.gov.in/hcservices/