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Madras High CourtWP/22012/2018disposed of

G.Varalakshmi, v. The Deputy General Manager,

2020-03-09Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2020

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.22012 of 2018 and W.M.P.No.25814 of 2018 G.Varalakshmi W/o.Madan Mohan Rao

...Petitioner

vs.

1.The Deputy General Manager Regional Office Silingi Building No.134, 2.The Regional Manager Regional Office Silingi Building No.134, 3.The Manager (P.F. Department) Regional office, No.134, Silingi Building 4.The Manager (Personal Department) P.F. Department, Registered & Head Office Whites Road, Chennai-600 014.

5.The Divisional Manager Divisional office No.50, North Usman Road, II Floor, T.Nagar, Chennai-600 017.

6.G.Madan Mohan Rao (Employee No.16203) S/o.G.R.S.Rao 7.Bhakiyavathi Ammal W/o.Late G.R.S.Rao 8.G.Himachalavasini D/o.G.R.S.Rao

9.G.Suryakala D/o. G.R.S.Rao

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 5 herein to consider the representation dated 22.05.2018 within a stipulated time.

For Petitioner :

Mr.S.Sabarish

O R D E R

This writ petition is filed seeking for mandamus directing the respondents 1 to 5 to consider the representation dated 22.05.2018 filed by the petitioner, wherein and whereby, she requested the official respondents not to hand over the retirement and pension benefits to one G.Madan Mohan Rao, until the Court proceedings are completed.

2. It is an admitted fact that the petitioner has already approached the Civil Court and filed O.S.No.2522 of 2018 on the file of the City Civil Court, Chennai and sought certain reliefs therein. It is seen that these respondents have already been made as parties/defendants in the said suit.

3. When such being the factual position, I do not think that the petitioner is entitled to make such representation and seek for its disposal by way of filing the present writ petition without resorting to sort out the issue before the Civil Court, by way of filing an interim application, if any. Therefore, I find that the present writ petition is not maintainable. Accordingly, this Writ Petition is disposed of, by granting liberty to the petitioner to work out her remedy before the Civil Court, where the suit is already filed and pending. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mk To 1.The Deputy General Manager Regional Office Silingi Building No.134,

2.The Regional Manager Regional Office, Silingi Building No.134, 3.The Manager (P.F. Department) Regional office, No.134, Silingi Building 4.The Manager (Personal Department) P.F. Department, Registered & Head Office Whites Road, Chennai-600 014.

5.The Divisional Manager Divisional office No.50, North Usman Road, II Floor, T.Nagar, Chennai-600 017.

W.P.No.22012 of 2018 SV(CO) rli(20/05/2020)