Prashanth Raju v. The Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.04.2024
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM 1.Prashanth Raju 2.Ashwanth Raju [Both rep. by their Power Agent Pushpa Raju] ... Petitioner Vs.
1.The Government of Tamil Nadu Rep By The Secretary, Department of Revenue & Disaster Management, Secretariat, Fort St. George, Chennai-600009. 2.The Collector of Chennai Singaravelar Maligai, Collectorate Complex, No.62, Rajaji Salai, Chennai-600001.
3.The Tahsildar (Madhvaram Taluk) Gandhi Main Road, Balaji Nagar, Puzhal, Chennai-600066.
4.C.Sukumar Raju
...Respondents
1/5
Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the 3rd Respondent to consider the representation of the writ petitioners dated 07.09.2023, and consequently, execute the warrant dated 12.09.2019 in M.P. No. 67 of 2019 in M.C. No.192 of 2009 issued by the IV Additional principal Family Court, Chennai for payment of a sum of Rs.12,23,750 /- (Rupees Twelve lakhs Twenty Three Thousands Seven Hundred and Fifty ) being arrears of maintenance payable for the period of may 2009 to April 2014 by Mr. C. Sukumar Raju, the 4th Respondent herein as contemplated under the Tamil Nadu Tamil Nadu Revenue Recovery Act, 1864 within a reasonable time - frame as may be fixed by this Hon'ble court.
For Petitioner : Mr.Anish Gopi for M/s.P.B.Ramanujam Associates For Respondents : Mr.U.Baranidharan, AGP [for R.1 to R.3] : Party in Person [for R.4]
O R D E R
The Writ of Mandamus has been instituted to direct the 3rd Respondent to consider the representation of the writ petitioners dated 07.09.2023, and consequently, execute the warrant dated 12.09.2019 in M.P. No. 67 of 2019 in M.C. No.192 of 2009 issued by the IV Additional principal Family Court, Chennai for payment of a sum of Rs.12,23,750 /- 2/5
(Rupees Twelve lakhs Twenty Three Thousands Seven Hundred and Fifty ) being arrears of maintenance payable for the period of may 2009 to April 2014 by Mr. C. Sukumar Raju, the 4th Respondent herein as contemplated under the Tamil Nadu Tamil Nadu Revenue Recovery Act, 1864 within a reasonable time - frame
2. The learned Government Pleader furnished the copy of the written instructions given by the Tahsildar vide letter dated 25.04.2024 reveals that the money due to the writ petitioner has been already recovered from the 4th respondent. The written instructions reads as under: "In pursuance of the earnest efforts taken by this office, the defaulter has issued a Demand draft for a sum of Rs.12,23,750 (Rupees Twelve Lakh Twenty Three Thousand Seven Hundred Fifty only) bearing No.267833 dated 23.04.2024 drawn in favour of the Tahsildar, Madhavaram Taluk drawn on State Bank of India, ATNK & K Branch Chennai.
A copy of the said Demand Draft is submitted to this Hon'ble Court. The said demand draft would be remitted into the P.D. Account of the Tahsildar, Madhavaram Taluk, Chennai-600104 and a cheque for the said sum would be issued favouring the IV Additional Principal Judge or as advised by this Hon'ble Court."
3/5
3. Xerox copy of the demand draft dated 23.04.2024 also has been enclosed. In view of the fact that the grievances of the petitioner has been redressed, no further adjudication is required
4. Accordingly, the writ petition stands disposed of. No costs. (sha) 25.04.2024 Index : Yes Speaking Order To 1.The Government of Tamil Nadu Rep By The Secretary, Department of Revenue & Disaster Management, Secretariat, Fort St. George, Chennai-600009. 2.The Collector of Chennai Singaravelar Maligai, Collectorate Complex, No.62, Rajaji Salai, Chennai-600001.
3.The Tahsildar (Madhvaram Taluk) Gandhi Main Road, Balaji Nagar, Puzhal, Chennai-600066.
4/5
S.M.SUBRAMANIAM . J., (sha) 25.04.2024 5/5