C.Kanimozhi v. Additional Director General Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.03.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.19366 of 2019 and W.M.P.No.18831 of 2019 C.Kanimozhi ... Petitioner Vs.

1.The Additional Director General of Police, Dr.Radhakrishnan Road, Mylapore, Chennai, Tamilnadu 600 004.

2.M.Natarajan ... Respondents PRAYER: This Writ Petition filed under Section 226 of the Constitution of India, to issue a Writ of Mandamus to direct the first respondent to deduct monthly maintenance as per provision of Section 125 of the Cr.P.C from the salary of the second respondent to a tune of Rs.60,000/- per month and disburse the same to the petitioner herein for herself and the petitioner's two children i.e., Manoj Kumar and Minor Rishivanth before fifth of every English calendar month and make a payment of Rs.36 lakhs being the arrears for atleast five years preceding as an interim arrangement. For Petitioner : Mr.Silambanan, Senior Counsel for M/s.Kaavya Silambanan Associates For R1 : Mr.M.Mohamed Riyaz Additional Public Prosecutor For R2 : Mr.Jyothimanian for Mr.S.Manikandan

O R D E R

This Writ Petition has been filed to direct the first respondent to deduct monthly maintenance as per provision of Section 125 of the Cr.P.C from the salary of the second to a tune of Rs.60,000/- per month and disburse the same to the petitioner herein for herself and the petitioner's two children i.e., Manoj Kumar and Minor Rishivanth before fifth of every English calendar month and make a payment of Rs.36 lakhs being the arrears for atleast five years preceding as an interim arrangement.

https://hcservices.ecourts.gov.in/hcservices/

Though the writ petition is not maintainable, in the interest of parties and the interest of justice, this Court has taken up this petition for hearing and heard the parties. While pending the writ petition, the petitioner and the second respondent have compromise the issues between them and also filed a memorandum of compromise.

Recording the joint Memo of Compromise, the writ petition is disposed of and the joint Memo of Compromise shall form part of the order. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-III MDU) //True Copy// Sub Assistant Registrar Dua ENCL:Xerox Copy of Joint Memo of Compromise attached To 1.The Additional Director General of Police, Dr.Radhakrishnan Road, Mylapore, Chennai, Tamilnadu 600 004.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Manikandan, Advocate, S.R.No. 21222 W.P.No.19366 of 2019 and W.M.P.No.18831 of 2019 NMI(CO) GN(30/06/2020) https://hcservices.ecourts.gov.in/hcservices/