IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.04.2010 CORAM: THE HON’BLE MR. JUSTICE K.CHANDRU W.P.No.7653 of 2010 & M.P.No.1 of 2010 1 M.RAMAMURTHY [ PETITIONER ] Vs 1 THE PENSION PAY OFFICER PPO, COLLEGE ROAD MADRAS 6. 2 THE DEPUTY COMMISSIONER OF POLICE HEAD QUARTERS GREATER CHENNAI EGMORE, CHENNAI 8. [ RESPONDENTS ] Prayer : Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the 2nd respondent not to vacate the petitioner from the premises bearing Door No.7 G Block Anna Nagar Police quarters Chennai 40 based on the order passed by the 2nd respondent vide memo bearing Na. Ka. No. Building 3/3/501/54129/2009 dt 19.3.2009 until the settlement of his retirement benefits by the 1st respondent as per the letter No.PEN.EDP/SL.No.PA 14141/PCR/2009-10 dated 18.3.2010. For Petitioner :: Mr.P.Dhananjayan For Respondents :: Mr.N.Senthil Kumar, A.G.P. O R D E R The Writ Petition is a clear abuse of process of court. The petitioner, who was working as a Police Constable got retired from service on 31.5.2009 and he is yet to vacate the quarters allotted to him in No.7, G-Block, Anna Nagar Police Quarters, Chennai. The petitioner has now come forward to file the present Writ Petition seeking for a direction to the 2nd respondent not to force him to vacate the quarters occupied by him, intimated to him by memo dated 19.3.2009, until the settlement of his retirement benefits. https://hcservices.ecourts.gov.in/hcservices/ 2. Such a plea raised by the petitioner cannot be countenanced by this Court. The allotment of quarters is entirely discretion of the respondents and it is not part of the conditions of service available to members of the police force like the petitioner. The petitioner having got retired in May 2009 cannot continue to be in occupation without any justification and without any law being in his favour. It is one thing to state that the terminal benefits have not been settled. The petitioner can always avail the legal course for having the terminal dues settled. But, that by itself cannot be used as a lever for continuous occupation of the quarters, which is allotted to him while he was in service. 3. In the light of the above, no case is made out. The Writ Petition stands dismissed. No costs. The connected Miscellaneous Petition stands closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ajr To 1 THE PENSION PAY OFFICER PPO, COLLEGE ROAD MADRAS 6. 2 THE DEPUTY COMMISSIONER OF POLICE HEAD QUARTERS GREATER CHENNAI EGMORE, CHENNAI 8. +1cc to Mr.P.Dhananjayan,Advocate Sr 24966 AKR(CO) km/26.4. W.P.No.7653 of 2010 https://hcservices.ecourts.gov.in/hcservices/