ANTONY HARRY Vs. REGISTRAR CITY CIVIL COURT CHENNAI

JUDGEMENT

(1.) THE Petitioner seeks Writ of Certiorarified Mandamus to call for the orders passed by the Principal Judge, City Civil Court in C. M. A. No. 87/2000 dated 07. 09. 2000, confirming the order of eviction passed by the Estate Officer/ Assistant Commissioner of Police [pro] and quash the same.

(2.) RELEVANT facts are as follows The Petitioner is an Inspector of Police, Tamil Nadu Police Service. He was occupying the quarters at 1/1, H-5, Cross Road Quarters, New Washermanpet, Chennai-81. On 04. 12. 2000, in front of his house, the Petitioner fired Air Gun shots at a boy aged about 16 years and caused injuries to him, regarding which a case was filed against the Petitioner in C. C. No. 2997/2000. The Petitioner was also suspended from service. On 08. 01. 2000, the Commissioner of Police directed the Deputy Commissioner of Police, Washermanpet to evict the Petitioner from the Official Quarters. Memo was issued to the Petitioner to vacate the Quarters. Since the Petitioner did not vacate, Form A Notice under Section 4 of the Tamil Nadu Public Premises [eviction of unauthorized Occupants] Act, [for short, 'the Act'], was issued by the Estate Officer and the same was served on the Petitioner. Form B Notice was served upon the Petitioner's wife on 15. 02. 2000. The Petitioner did not appear for enquiry and no explanation was sent by the Petitioner. The Estate Officer passed the Eviction Order on 22. 02. 2000, directing the Petitioner to vacate the premises and hand over vacant possession before 29. 02. 2000.

(3.) SINCE the Petitioner did not vacate the quarters, eviction proceedings were taken on 03. 03. 2000. The Petitioner and his family members were not present and the second Respondent broke open the lock of the premises and after taking inventory of the articles, sealed the Quarters in the presence of witnesses.