Madras High CourtWP/10319/2017disposed of

M.Vijaya v. The Managing Director,

2017-04-25Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.10319 of 2017 M.Vijaya ... petitioner

Versus

1. The Managing Director, Tamil Nadu State Transport Corporation, No.12, Ramakrishna Road, Salem - 636 007.

2. The Branch Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., Hosur, Krishnagiri District.

3.M.Munirathinam ... Respondents Prayer: This Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandaums, directing the respondents 1 and 2 to consider the petitioner representation dated 17.02.2017.

For petitioner : Mr.K.Thiruvengadam For Respondents : Mr.P.Kannankumar for R1 & R2.

O R D E R

This Writ Petition has been filed by the petitioner, who is the wife of the third respondent, seeking a direction to the respondents 1 and 2 to consider her representation dated 17.02.2017, wherein a request is made to withhold the salary benefits payable to the third respondent without any order, whatsoever passed by any competent Court either Civil or Criminal.

2. It is stated by the petitioner that after the marriage was solemnized between her and the third respondent, her husband https://hcservices.ecourts.gov.in/hcservices/

developed illegal intimacy with one Vasuki and after some time, it was found that the third respondent has also married the said Vasuki and consequently, deserted the petitioner and her children. In this regard, the petitioner has given a complaint before the All Women Police Station, Krishnagiri and the police has also registered a case in Crime No.19 of 2016 against the third respondent.

3. Considering the facts and circumstances of the case, this Court is of the considered view that on a mere registration of FIR, the petitioner cannot come to this Court seeking a direction not to pay the salary benefits to the third respondent by the Department in which he is working. This petition is wholly misconceived. Therefore, this Court is not inclined to entertain the writ petition.

4. Accordingly, the writ petition fails and the same is dismissed. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vsm To

1. The Managing Director, Tamil Nadu State Transport Corporation, No.12, Ramakrishna Road, Salem - 636 007.

2. The Branch Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., Hosur, Krishnagiri District.

+1cc to Mr.K.Thiruvengadam, Advocate, S.R.No.25279 W.P.No.10319 of 2017 br(co0 rmp(11/05/17) https://hcservices.ecourts.gov.in/hcservices/