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Madras High CourtWP/13995/2017dismissed

M.Babu v. State

2017-06-06Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2017

CORAM

THE HONOURABLE MR.JUSTICE T. RAJA W.P.No.13995 of 2017 & W.M.P. Nos.15209 & 15210 of 2017 M.Babu .. Petitioner Vs.

1. State Rep.by the District Collector, Vellore District, Vellore.

2. The Project Officer, Integrated Children Welfare Project Office, Arakonam, Vellore District - 631 003.

3. The Zonal Deputy Tahsildar, Arakonam, Vellore District - 631 003.

4. B.Mumthaj .. Respondents Writ Petition filed under Article 226 of The Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus to call for the records of the 3rd respondent in respect of the issuance of bogus certificate vide C.R.T.14791 of 2012 dated 14.06.2012 to the 4th respondent and quash the same and directing the 3rd respondent to contemplate an enquiry in this regard.

For Petitioner ..

Mr.L.Ramu For Respondents ..

Mr.T.M.Pappiah, Spl.Govt. Pleader For R1 to R3

ORDER

Mr. T.M. Pappiah, learned Special Government Pleader, accepts notice for respondents 1 to 3.

2. The petitioner married the fourth respondent in 1993 and through their wedlock, three children were born. After their marriage, some difference of opinion emerged between the

petitioner and the fourth respondent. Therefore, by obtaining desertion certificate from the third respondent certifying that her husband has abandoned her, the fourth respondent got an appointment in the office of the second respondent. After coming to know that the fourth respondent has got an appointment in the office of the second respondent by getting desertion certificate from the third respondent, the petitioner has filed the present writ petition challenging the desertion certificate and for a direction to the third respondent to contemplate an enquiry in this regard on the ground that when the petitioner has neither divorced nor deserted her, she ought not to have obtained a bogus desertion certificate.

3. Concededly, even according to the learned counsel for the petitioner, the petitioner has been living separately from 2014. Thus, it is crystal clear that there has been desertion from 2014. Further, no document whatsoever has been produced before this Court to show that even prior to 2014, the petitioner was living with the fourth respondent.

In view of the foregoing reasons, this Court is not inclined to entertain this writ petition and accordingly, this writ petition stands dismissed as being devoid of merits. No costs. Consequently, connected W.M.Ps. are closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar at/cad To

1. The District Collector, Vellore District, Vellore.

2. The Project Officer, Integrated Children Welfare Project Office, Arakonam, Vellore District - 631 003.

3. The Zonal Deputy Tahsildar, Arakonam, Vellore District - 631 003.

+1cc to the Government Pleader, High Court, Madras SR. 40287 +1cc to Mr.L.Ramu, Advocate Sr. 40439 W.P.No.13995 of 2017 SJ(CO) VR(20/06/2017)