Tamil Selvi.M v. The Family Court Judge
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 02.01.2026 Delivered on : 12.02.2026
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MRS.JUSTICE R.KALAIMATHI and W.M.P.(MD) No.4743 of 2021 M.Tamil Selvi ... Petitioner Vs.
The Family Court Judge, Srivilliputhur, Virudhunagar District.
... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order passed by the respondent in D.No.273 dated 30.09.2020, and quash the same and direct the respondent to refund the amount already recovered from the petitioner's salary from September 2020 onwards.
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For Petitioner : Mr.R.V.Rajkumar For Respondent : Mr.N.Mohideen Basha
JUDGMENT
(Judgment of the Court was made by R.Kalaimathi J.) Challenge is made to the proceedings in D.No.273 dated 30.09.2020 passed by the learned Family Court Judge, Srivilliputhur, in respect of M.Tamil Selvi, then Head Clerk of Family Court, Srivilliputhur, ordering recovery based on Audit Report for the year 2017-18 and 2018-19. In the said proceedings, an amount of Rs.2,82,332/- (Rupees Two Lakhs Eighty Two Thousand Three Hundred and Thirty Two only) is ordered to be recovered in 42 installments and by way of challan. If any order of recovery is made, principles of natural justice demand that concerned person should have been given notice. However, her explanation had not been obtained before passing the impugned order.
2. Therefore, in such circumstances, this Writ Petition is allowed and the impugned order of the learned Family Court Judge, Srivilliputhur, in D.No.273 dated 30.09.2020, stands set aside. The 2/4
petitioner to treat the said order as notice and three weeks' time is granted to the petitioner to offer her explanation to the Family Court Judge, Srivilliputhur and in turn, the learned Judge shall consider her representation and pass orders in accordance with law within four (4) weeks thereafter. No costs. Consequently, connected miscellaneous petition is closed.
[G.R.S., J.] [R.K.M., J.] 12.02.2026 (2/3) Index : Yes/No Internet : Yes/No NCC : Yes/No apd To The Family Court Judge, Srivilliputhur, Virudhunagar District.
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G.R.SWAMINATHAN,J.
AND R.KALAIMATHI, J.
apd 12.02.2026 (2/3) 4/4