M.C.Pandithurai, H.C. 565 v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.04.2019

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.31813 of 2018 and W.M.P.No. 37044 of 2018 M.C.Pandithurai ... Petitioner ..Vs..

1.The Secretary, Home Department, St.George Fort, Chennai.

2.The Additional Director General of Police, Tamil Nadu Police Housing Corporation, Beach Road, Chennai.

3.The Commissioner of Police, Tirupur City, Tirupur District. ... Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to allot the newly constructed police quarters to the petitioner, situated at F7 Police Quarters, Coust Road Vavipalyam, Tirupur District.

For Petitioner : Mr.N.Stalin For Respondents : Mr.R.S.Selvam, Government Advocate

O R D E R

The relief as such sought for in the present writ petition is for a direction to direct the 1st respondent to allot the newly constructed police quarters to the petitioner, situated at F7 Police Quarters, Coust Road Vavipalyam, Tirupur District.

2. The grievances of the writ petitioner is that, he made an application seeking allotment to the newly constructed Police Quarters and the respondents have not alloted the same.

3. The learned counsel for the writ petitioner states that the allotments are made in favour of some juniors.

4. The learned Government Advocate appearing on behalf of the respondents states that the writ petitioner is already in occupation of the Police Quarters and he seeks occupation in the newly constructed Police Quarters, which is to be considered in accordance with the Seniority list as well as the allotment order. The name of the writ petitioner stands 88th in the list of seniority. Thus, the case of the writ petitioner will be considered as and when his turn comes. This apart, the writ petitioner is already in occupation of Police Quarters and therefore, the case of the writ petitioner is to be considered strictly in accordance with the terms and conditions stipulated in the allotment order as well as the seniority of the persons who submitted application, seeking allotment of Police Quarters. At the outset, the respondents are bound to follow the procedures, rules and instructions strictly for the allotment of Police Quarters.

5. However, the writ petitioner is not entitled to claim allotment of Police Quarters by filing the present writ petition and therefore, the relief as such sought for in the writ petition cannot be granted.

6. Accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(Insp.cell) //True copy// Sub Assistant Registrar Pns To 1.The Secretary, Home Department, St.George Fort, Chennai.

2.The Additional Director General of Police, Tamil Nadu Police Housing Corporation, Beach Road, Chennai.

3.The Commissioner of Police, Tirupur City, Tirupur District.

W.P.No.31813 of 2018 and W.M.P.No. 37044 of 2018 MG(CO) GMY(02/05/2019)