T PANNERSELVAM Vs. DEPUTY INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) THE three petitioners have filed the present writ petition seeking to challenge the order of the second respondent Commandant, Tamil Nadu Special Police, 13th Battalion, Veerapuram, Chennai, dated 25.10.2010 and the consequential order passed by the fourth respondent dated 18.11.2010 based on the office order dated 19.11.2010 in favour of the sixth and seventh respondents respectively and after setting aside the same to permit the petitioners to continue in possession/ occupation of their respective quarters as per the allotment order dated 11.10.2010 issued by the second respondent.

(2.) WHEN the writ petition came up on 03.12.2010, this Court directed the learned Government Advocate to take notice for the official respondents and an interim stay was granted on the ground that no notice was given to the petitioners while passing the cancellation order. Subsequently, the interim order came to be extended until further orders by an order dated 04.1.2011. Aggrieved by the said order, the respondents have filed a vacate stay application in M.P.No.1 of 2011 together with the supporting counter affidavit dated 21.1.2011.

(3.) THE Commandant of XIII Battalion sent a letter to the Additional Director General of Police, Armed Police, Chennai informing that his Battalion was not having any quarters and requested to restore the powers of allotment of quarters to the respective Commandants. Since the newly constructed quarters auditable for Assistant Commandants, Inspectors and Sub -Inspectors for his Battalions, in anticipation of the order of the Additional Director General of Police, Armed Police, the then Commandant, allotted quarters meant for Inspectors to three Sub -Inspectors, who are the petitioners in this writ petition. At that time, there was no demand for quarters from Inspectors of that Battalion. However, the Deputy Inspector General of Police, Armed Police, Chennai vide message, dated 22.10.2010 directed the Commandant to follow the procedures in existence and directed to cancel the allotment orders dated 12.10.2010. In due obedience of the orders of the DIG of Police, Armed Police, allotment orders issued to the petitioners were cancelled vide order dated 25.10.2010. The petitioners requested the respondent to give 45 days ' time to vacate the quarters, which was also granted. Instead of vacating the quarters, as per the request, the petitioners have moved the Court and obtained interim order.