Arockia Arputhamary @ Arputha Jesita v. The Additional Chief Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P. No. 23321 of 2024 Arockia Arputhamary @ Arputha Jesita ... Petitioner Vs

1. The Additional Chief Secretary to Government, Transport Department Secretariat, Chennai - 600 009.

2. The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam Ltd.,) Nagapattinam Region.

3. General Manager, Tamil Nadu State Transport Corporation (Kumbakonam Ltd.,) Kumbakonam, Thanjavur District.

4. S.Selvaraj ... Respondents 1/5

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to initiate domestic enquiry against the fourth respondent for the offence of cheating.

For Petitioner : Mr. S.Patrick For Respondents : Mr. S.Arumugam, Government Advocate (for R1)

O R D E R

This Writ Petition is filed for directing the first respondent to initiate a domestic enquiry against the fourth respondent for the offence of cheating.

2. The petitioner got married to the fourth respondent, who is working as a Driver in the Tamil Nadu State Transport Corporation. They gave birth to three children. Thereafter, there were misunderstandings between them, and they lived separately. Hence, the fourth respondent filed a petition for divorce on the ground of cruelty in I.D.O.P. No. 91 of 2015 on the file of the Principal District Judge, Thanjavur. It was decreed by order dated 27.08.2018. Thereafter, the petitioner preferred an appeal before this 2/5

Court in C.M.A. (MD) No. 1142 of 2018, and the same was dismissed, confirming the judgment and decree of the divorce granted by the trial Court.

3. After having failed in the divorce proceedings, the petitioner submitted a representation to initiate disciplinary proceedings against the fourth respondent for suppression of his community at the time of appointment. The petitioner's husband was appointed more than 30 years ago, and after having failed in the divorce proceedings, the petitioner has now made this kind of complaint, and it is only to harass the fourth respondent and nothing else. Therefore, the direction sought in this Writ Petition cannot be considered, and it is liable to be dismissed.

4. In the result, this Writ Petition is dismissed. Consequently, the connected Miscellaneous Petition is closed. No costs. 29.07.2024 Index:Yes/No kv 3/5

To

1. The Additional Chief Secretary to Government, Transport Department Secretariat, Chennai - 600 009.

2. The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam Ltd.,) Nagapattinam Region.

3. General Manager, Tamil Nadu State Transport Corporation (Kumbakonam Ltd.,) Kumbakonam, Thanjavur District.

4/5

G.K.ILANTHIRAIYAN, J.

kv 29.07.2024 5/5