V M ILLANGOVAN Vs. COMMISSIONER MADURAI CITY POLICE

JUDGEMENT

(1.) THE petitioner has come forward with this writ petition praying for a Writ of Certiorari calling for the records relating to the order issued by the respondent in his proceedings C.P.O. No.1093/2005 RC.No.T3/20747/47/2005 dated 17-06-2005 and quash the same as illegal.

(2.) THE petitioner is an Inspector of Police under suspension from 15-08-2004 passed by the respondent that he is residing in the crime branch police quarters at No.32, T.P.K. Road, Madurai along with his family that a show cause notice dated 01-04-2005 was issued by the respondent calling upon the petitioner to explain as to why he should not be evicted from the said quarters within four days for the reasons mentioned below: -

(3.) MR. Ajmal Khan, learned counsel appearing for the petitioner submits that the reasons assigned in the impugned order without conducting any enquiry caused a stigma in petitioner, hence, the same is illegal that when criminal case against the petitioner is pending, it cannot be construed as conviction, hence, the order of eviction is untenable that the charges levelled against the petitioner is not tested or proved till date in the manner known to law, hence, the respondent ought not to have ordered eviction that the subsistence allowance is not sufficient to maintain his family, while so, evicting the petitioner from the quarters and forcing him to occupy other rented house would cause hardship to the petitioner and prayed for quashing the impugned order.