V. Muthumalai, v. The Inspector General

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.4330 of 2013 and M.P.(MD) Nos.2, 3 and 4 of 2013 V.Muthumalai ... Petitioner Vs.

1.The Inspector General, Central Industrial Security Force, South Zone Headquarters, Port Trust, Chennai.

2.The Deputy Inspector General, CISF D.O.S.Headquarters, Antariksh Bhavan, New Bell Road, Bangalore.

3.The Commandant, C.I.S.F. Unit VSSC (T), Trivandrum, Kerala.

4.The Deputy Commandant, C.I.S.F. Unit LPSC, Mahindragiri, Tirunelveli, Tamil Nadu.

5.The Deputy commandant, C.I.S.F. Unit LPG Gail, Lakwa District, Sivasagar, Assam.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the 4th respondent in his letter No. C/11019/CISF/LPSC(M)/QM/2012/3624 dated 28.08.2012 and quash the same as illegal and consequently directing the Respondents to allow the petitioner's family to reside in the quarters at Quarters B3, ISRO (CISF), LPSC - Mahindragiri, Kavalkinar, Tirunelveli till his posting at CISF Unit, LPG GAIL, Lakwa District, Sivasagar, Assam State in the light of Government Letter No. 27012/42/2009-PF-III dated 14.07.2010. For Petitioner : Mr.K.Mahendran For Respondents : Mr.K.R.Laxman https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The learned counsel appearing on behalf of the writ petitioner across the bar undertakes that the writ petitioner will vacate the Government accommodation on or before 31.05.2018. The request for continuance in the Government accommodation is made on account of the fact that the son of the writ petitioner is studying +2 and he seeks time till the end of the academic year. However, the +2 examination is now in progress and therefore, the writ petitioner has to vacate the Government accommodation on or before 31.05.2018. 2.The learned counsel appearing for the respondents contended that the writ petitioner is continuing in the Government accommodation.

In view of the fact that the writ petition is pending for the past 5 years and the writ petitioner is in continuous accommodation for the past more than 41⁄2 years, this Court is of an opinion that the undertaking provided by the learned counsel for the writ petitioner to be considered. In view of the undertaking given, the writ petitioner is permitted to continue in the Government accommodation till 31.05.2018 and the writ petitioner is directed to vacate the premises and hand over the key to the competent authorities on or before 31.05.2018.

3.With these observations, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CSII) /True Copy/ Sub Assistant Registrar +1cc to Mr.K.R.Laxman, Advocate, SR.No.55465 +1cc to Mr.K.Mahendran, Advocate, SR.No.54898 mm RL/3C/2P/SV/MMS/SAR2/20/4/2018 W.P.(MD)No.4330 of 2013 13.03.2018 https://hcservices.ecourts.gov.in/hcservices/