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Madras High CourtWP/28858/2011dismissed

K.Cinnasamy, v. The Chief District Educational

2023-08-17Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN K.Cinnasamy ... Petitioner -Vs1. The Chief District Educational Officer, District Chief Education Office, Salem, Salem District.

2. The District Primary Educational Officer, Salem, Salem District 636 007.

3. The Assistant Primary Educational Officer, Assistant Primary Education Office, Kadaiyampatti, Omalur Taluk, Salem District.

4. Akshliya Mery alias Baby ... Respondents Prayer:- Writ Petition filed under Article 226 of Constitution of India praying for the issuance of Writ of Mandamus, directing the respondents to take an appropriate action against the petitioner's wife namely Akshliya Mery alias Baby viz., fourth respondent herein by considering the

petitioner's representation dated 19.08.2010. For Petitioner : Mr.M.Elango For R1 to R3 : Mr.K.H.Ravi Kumar Government Advocate

ORDER

This Writ Petition has been filed for the issuance of Writ of Mandamus, directing the respondents to take an appropriate action against the petitioner's wife namely Akshliya Mery alias Baby viz., fourth respondent herein by considering the petitioner's representation dated 19.08.2010.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondents 1 to 3 and perused the materials available on record.

3. It is seen that there is a dispute between the petitioner and his wife viz., the fourth respondent herein. Divorce petition was also filed by the petitioner. However, the divorce petition was dismissed as against the petitioner and as such, the petitioner submitted a representation to take appropriate action as against the fourth respondent herein. If at all there

is any offence committed by the fourth respondent, the petitioner ought to have filed a complaint before the appropriate authority viz., Police personnels.

4. Therefore, the prayer sought for in this writ petition cannot be considered and this writ petition is devoid of merits and is liable to be dismissed. Accordingly, this writ petition stands dismissed. No costs. 17.08.2023 Internet : Yes Index : Yes/No Speaking order/Non-speaking order mn G.K.ILANTHIRAIYAN, J.

mn To

1. The Chief District Educational Officer, District Chief Education Office, Salem, Salem District.

2. The District Primary Educational Officer, Salem, Salem District 636 007.

3. The Assistant Primary Educational Officer, Assistant Primary Education Office, Kadaiyampatti, Omalur Taluk, Salem District.

17.08.2023