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Madras High CourtWP(MD)/4490/2019disposed of

Ramesh Kumar, v. The Deputy Inspector General

2019-02-28Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.4490 of 2019 and WMP(MD)No.3560 of 2019 Rameshkumar ... Petitioner vs.

1. The Deputy Inspector General of Police, Armed Force, Trichy - 12.

2. The Commandant, Head Quarters, Tamil Nadu Special Police I Battalion, Trichy - 12.

3. The Inspector (neh; ) Head Quarters, Tamil Nadu Special Police I Battalion, Trichy - 12.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of Certiorarified Mandamus calling for the records pertaining to the impugned order of the 3rd Respondent dated 18.02.2019 vide his proceedings No. Nil and quash the same as illegal and consequently directing the respondents to permit the petitioner to continue in quarters till the disposal of the appeal against 1st respondent.

For Petitioner : Mr.T.Vadivelan For Respondents : Mr.S.Angappan Government Advocate

O R D E R

This writ petition has been filed to quash the impugned order of the third respondent dated 18.02.2019, directing the petitioner to vacate the quarters allotted to him and to permit the petitioner to continue the quarters till the disposal of the appeal filed against the first respondent.

2.The case of the petitioner is that he was residing in the Police Quarters at Trichy and subsequent to the order of dismissal from service, the impugned order dated 18.02.2019 has been passed, directing the petitioner to vacate the premises. Challenging the same, the petitioner is before this Court.

https://hcservices.ecourts.gov.in/hcservices/

3.When the matter was taken up for hearing on 27.02.2019, this Court directed the petitioner to file an affidavit of undertaking to vacate the premises within a period of three months and if such an affidavit is filed, three months time will be granted and the learned Special Government Pleader for the respondents also accepted the same.

4.As directed by this Court, the petitioner has filed an undertaking affidavit stating that he will vacate the premises on or before 31.05.2019, without any further orders or notice from the authority.

5.On the basis of the affidavit filed by the petitioner and considering the educational aspects of the children, the petitioner is permitted to continue the quarters till 31.05.2019 and on 01.06.2019, keys of the quarters should be handed over to the authority concerned.

6.The writ petition is disposed of accordingly. No costs. Consequently, WMP(MD)No.3560 of 2019 is closed. sd/ Assistant Registrar(writs) /True Copy/ Sub Assistant Registrar To

1. The Deputy Inspector General of Police, Armed Force, Trichy - 12.

2. The Commandant, Head Quarters, Tamil Nadu Special Police I Batalien, Trichy - 12.

3. The Inspector (neh; ) Head Quarters, Tamil Nadu Special Police I Batalien, Trichy - 12.

+1 CC to Mr.T.VADIVELAN, Advocate ( SR-50730[F] dated 28/02/2019 ) +1 CC to SPL GP ( SR-51065[F] dated 01/03/2019 ) W.P(MD) No.4490 of 2019 28.02.2019 mj MK (18.03.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/