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Madras High CourtWP/4550/2023dismissed as infructuous

M.Isaivanane v. The Vice-Chancellor

2025-12-04Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-12-2025

CORAM

THE HONOURABLE MS. JUSTICE P.T. ASHA and WMP No.4552 of 2023 M.Isaivanane Petitioner(s) Vs

1. The Vice-Chancellor Puducherry Technological University, Pillaichavadi, Puducherry 605 014 2.Drawing and Disbursing officer Puducherry Technological University, Pillaichavadi, Puducherry 605 014 3.Dhanalakshmi Srinivasan Chit Funds (P) Ltd., Kottakuppam Branch, Rep. by its foreman, No. 120 MG Road, Kottakuppam , Vanur Taluk, Villupuram District, Tamil Nadu 605 104 Respondent(s) PRAYER:- This writ petition is filed under Section 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the record on the file of the 2nd respondent in respect of impugned memorandum No. PTU/ Accts./ Cash/ B5./ 2023 dated 27.01.2023 and quash the same as illegal, incompetent and ultravires.

For Petitioner(s):

Mr.D.Sreenivasan Page No.1/4

For Respondent(s):

Mr.R.Syed Mustafa, Spl.GP(P) for R1 & R2 M/s. Y.Jyothish Chander for R3

ORDER

This Writ Petition has been filed challenging the recovery memorandum issued by the 2nd respondent, pursuant to the order passed in Execution Petition in EP.No.91 of 2019, to recover the penalty amount from the petitioner. 2.The Learned II Additional District Judge, Puducherry allowed E.P. No.91 of 2019 to recover a claim amount of Rs.5,01,474/-. This order specifically directed the attachment of the salaries of the guarantors of the principal debtor, namely, K. Prakash. The petitioner herein is one of the guarantors.

3.Pursuant to the order passed in EP.No.91 of 2019, the 2nd respondent had issued the impugned memorandum dated 27.01.2023. This memorandum mandates the recovery of Rs.38,575/- per month from the petitioner's salary for a period of 13 months. Challenging the same, the petitioner is before this Court. 4.The learned counsel for the petitioner would submit that nothing survives for consideration in the above writ petition as the petitioner had retired from service.

Page No.2/4

5. Since, the petitioner had retired from service, there can no longer be any attachment of the petitioner's salary to recover the claim amount, rendering the specific relief originally claimed in the present writ petition infructuous. 6.Accordingly, the writ petition stands dismissed as infructuous. There shall be no order as to costs. Consequently, connected miscellaneous petition is also closed.

SHA 04-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Vice-Chancellor Puducherry Technological University, Pillaichavadi, Puducherry 605 014 2.Drawing and Disbursing officer Puducherry Technological University, Pillaichavadi, Puducherry 605 014 3.Dhanalakshmi Srinivasan Chit Funds (P) Ltd., Kottakuppam Branch, Rep. by its foreman, No. 120 MG Road, Kottakuppam , Vanur Taluk, Villupuram District, Tamil Nadu 605 104 Page No.3/4

P.T.ASHA J.

SHA 04-12-2025 Page No.4/4