Madras High CourtWP(MD)/3131/2018dismissed

M.Arjunan, S/O.Mariappan, v. The Superintendent Of Police,

2018-02-15Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 15.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.3131 of 2018 and WMP(MD)No.3290 of 2018 M.Arjunan ... Petitioner Vs.

1. The Superintendent of Police, Karur District, Karur.

2. The Inspector of Police, K.Paramathi Circle, K.Paramathi, Karur District.

... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records of the 2nd respondent in Na.Ka.No.01/Ka.Aa/Karur/2018 dated 09.02.2018 and quash the same.

For Petitioner : Mr.S.Sivakumar For Respondents : Mr.K.Saravanan, G.A.

ORDER

The petitioner was working as Head Constable in the police department. He was dismissed from service. He filed an appeal questioning the said order of dismissal. The petitioner is also implicated in a criminal case, in which the offences are very grave in nature. The petitioner has now been directed to vacate the quarters within a period of three days. The same is assailed in this writ petition.

2.This Court makes it clear that a person, who has been dismissed from service has no right to occupy the official quarters. At the same time, giving hardly three days to vacate the same is not sufficient. Taking note of the fact that the children of the petitioner are presently studying in 12th standard and 9th standard, the order impugned in this writ petition can be put on hold till 30.04.2018.

https://hcservices.ecourts.gov.in/hcservices/ 3.The learned counsel on instructions made endorsement that the

petitioner would vacate the quarters by the end of April 2018. The said undertaking is placed on record. It is made clear that if the petitioner does not adhere to the said undertaking, this Court will take suo motu contempt of Court also.

4.With the above observation, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To

1. The Superintendent of Police, Karur District, Karur.

2. The Inspector of Police, K.Paramathi Circle, K.Paramathi, Karur District.

+ 1 CC TO Mr.A.MITHUN CHAKRAVARTHI, ADVOCATE IN SR No. 49074 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 49381 ARUL TE/JC/SAR-3 : 08/06/2018 : 2P/5C W.P(MD)No.3131 of 2018 and WMP(MD)No.3290 of 2018 15.02.2018 https://hcservices.ecourts.gov.in/hcservices/