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Madras High CourtWP(MD)/9328/2019allowed

A.Fathima Merry, v. A.Anthony Chalress

2019-04-16Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2019

CORAM

THE HON'BLE Mr.JUSTICE G.R.SWAMINATHAN W.P.(MD) No.9328 of 2019 A.Fathima Merry ... Petitioner -vs1.A.Anthony Charless, Office Assistant and Driver, Office of the Tahsildar, Bodi, Theni District.

2.The Tahsildar, Offie of the Tahsildar, Bodi, Theni District.

3.The District Collector, District Collector Office, Theni District, Theni.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 2 and 3 to take an immediate attachment and steps for remitting long pending maintenance amount awarded in Crmp 143/2017 of M.C.44/2008 on 12.12.2018 passed by the learned Family Court, Madurai to the petitioner from the salary and retirement benefits of the first respondent by considering the petitioner's representation dated 28.03.2019.

For Petitioner : Mr.M.A.Abdul Muthalif For R-2 & R-3 : Mr.K.Mu.Muthu Additional Government Pleader

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents 2 and

3. By consent of both parties, the main Writ Petition is taken up for final disposal at the admission stage itself.

2. Considering the facts and circumstances of the case, notice to the first respondent is dispensed with.

3. It is seen that the petitioner, who is the wife of the first respondent has obtained order in her favour in M.C.No.44 of 2008 filed by her before the Family Court, Madurai.

4. The petitioner's grievance is that even though the maintenance orders have been passed in her favour, the second respondent has not given effect to the attachment orders passed by https://hcservices.ecourts.gov.in/hcservices/

the Court. The petitioner has given representation in this regard on 28.03.2018 to the third respondent herein.

5. Therefore, the second respondent is directed to give effect to the Court orders passed in favour of the writ petitioner forthwith and without any delay.

6. The Writ Petition is allowed on these terms. No costs. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To 1.The Tahsildar, Offie of the Tahsildar, Bodi, Theni District.

2.The District Collector, District Collector Office, Theni District, Theni.

+1cc to Mr. M.A.ABDUL MUTHALIF,Advocate, SR.No. 61345 W.P.(MD) No.9328 of 2019 TSG KK/SAR/22.04.2019/ 2P- 4C https://hcservices.ecourts.gov.in/hcservices/