S.Babu v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.01.2026

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.2259 of 2026 and W.M.P(MD) No.1772 of 2026 S.Babu ... Petitioner Vs.

The Commissioner, Srivilliputhur Municipality, Srivilliputhur, Virudhunagar District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records of the respondent herein in his proceedings in Na.Ka.No.3760/2025/A5, dated 20.01.2026 and quash the same.

For Petitioner : M/s.K.Hemakarthikeyan For Respondent : Mr.J.Parekh Kumar Standing Counsel 1/5

O R D E R

The present writ petition has been filed challenging the order passed by the respondent herein, wherein, the petitioner has been directed to vacate the official quarters within a period of seven days.

2. According to the learned counsel appearing for the writ petitioner, the petitioner was working as a Manager in the respondent Municipality and he was transferred to Perambalur Municipality on 24.12.2024. Since he has not vacated the quarters, notice was issued to him and he had given a request for continuing in the said quarters. Though the petitioner had attained superannuation on 31.03.2025, he was placed under suspension and he was permitted to retire only on 19.12.2025.

3. The respondent herein by way of an order dated 12.12.2025 permitted the petitioner to vacate the quarters within a period of three months. The petitioner has given a representation to the respondent on 22.01.2026 to the effect that he will vacate and hand over possession on 31.03.2026. However, in the meantime, the present impugned order has been passed on 20.01.2026 directing the petitioner to vacate and hand over possession within 2/5

a period of seven days. This order is put to challenge in the present writ petition.

4. When the order passed on 12.12.2025 granted three months time to vacate the official quarters, it is not known how the present order came to be passed on 20.01.2026 directing him to vacate within seven days. Considering the undertaking given by the petitioner on 22.01.2026, this Court issue a direction to the respondent herein not to vacate the petitioner on or before 31.03.2026. In case, if the petitioner has not vacated on 31.03.2026, appropriate action shall be initiated by the respondent herein and they are also entitled to seek police protection to vacate the petitioner on 01.04.2026.

5. With the above said observations, this Writ Petition stands disposed of. There shall be no order as to costs. Consequently connected Miscellaneous Petition stands closed.

29.01.2026 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 3/5

To The Commissioner, Srivilliputhur Municipality, Srivilliputhur, Virudhunagar District.

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R.VIJAYAKUMAR,J.

ebsi W.P(MD)No.2259 of 2026 29.01.2026 5/5