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2026 Supreme(Online)(Mad) 6018

IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE R.VIJAYAKUMAR
S.Babu – Appellant
Versus
The Commissioner – Respondent



##PAGE1##

W.P.(MD).No.2259 of 2026

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

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##PAGE2##

W.P.(MD).No.2259 of 2026

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

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W.P.(MD).No.2259 of 2026

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

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W.P.(MD).No.2259 of 2026

To

The Commissioner,

Srivilliputhur Municipality,

Srivilliputhur,

Virudhunagar District.

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##PAGE5##

W.P.(MD).No.2259 of 2026

R.VIJAYAKUMAR,J.

ebsi

W.P(MD)No.2259 of 2026

29.01.2026

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