Baby v. The General Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.08.2017
CORAM
THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.A.No.976 of 2017 Baby W/o Kumar ... Appellant/Petitioner -Vs1. The General Manager Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Mettupalayam Road Coimbatore
2. C.Kumar ... Respondents/Respondents Appeal under Clause 15 of the Letters Patent, against the order dated 12.06.2017 made in W.P.No.14514 of 2017. W.P.No.14514 of 2017 : This Petition filed under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the 1st respondent to consider petitioners representation dated 30.05.2017 within a stipulated time frame as fixed this Honourable Court.
For Appellant :
Mr.D.R.Arun Kumar
JUDGMENT
(Judgment of the Court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel for the appellant. Though it is submitted by the learned counsel for the appellant/writ petitioner that the first husband of this appellant abandoned her in spite of two offspring, there is nothing on record to prove that she got a divorce or declaration to that effect, but has only attempted to claim the benefit from the second respondent at the verge of his retirement by saying that the second respondent had married her. In the absence of any such material evidence on record, the learned single Judge has disbelieved the case of the appellant/writ petitioner and has declined to entertain the writ petition. In that view of the matter, we do not find any reason to interfere with the order passed by the learned single Judge. Accordingly, the writ appeal https://hcservices.ecourts.gov.in/hcservices/
is dismissed. However, this will not prevent the appellant from pursuing the remedy before the appropriate civil forum to establish her relationship with the second respondent to claim the benefit, if any new course is available.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar ss To The General Manager Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Mettupalayam Road Coimbatore W.A.No.976 of 2017 SR(CO) CA(08/09/2017) https://hcservices.ecourts.gov.in/hcservices/