Rama v. The General Manager,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:02.01.2023
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.M.P(MD).No.9481 of 2020 Rama ... Petitioner Vs.
1.The General Manager, Administration, Tamil Nadu State Corporation Limited, Madurai Zone, Madurai.
2.The Branch Manager, Tamil Nadu State Corporation Limited, Chekkanoorani, Madurai.
3.Pugalendhi ... Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents 1 and 2 from disbursing the retirement monitory benefit of the 3rd respondent in disobedience of the order passed by the learned Judicial Magistrate Court, Andipatti in Crl.M.P.No.2483 of 2017 in order dated 17.05.2019. 1/7
For Petitioner : Mr.S.Muthukrishnan For Respondents : Mr.J.Senthil Kumaraiah Standing Counsel for R1 and R2 Mr.P.Arun for R3
O R D E R
This Writ Petition has been filed to forbear the respondents 1 and 2 from disbursing the retirement monitory benefit of the 3rd respondent in disobedience of the order passed by the learned Judicial Magistrate Court, Andipatti in Crl.M.P.No.2483 of 2017 in order dated 17.05.2019.
2. The case of the petitioner is that the petitioner and the third respondent are the husband and wife. The third respondent deserted the petitioner and his daughter in the year 2008. She filed a petition under Section 125 Cr.P.C in M.C.No.17 of 2010 before the learned Judicial Magistrate, Andipatti. The trial Court passed the order on 28.02.2011 directing the third respondent to pay a sum of Rs.2,500/- (Rupees Two Thousand Five Hundred only) to the petitioner as maintenance and pay a 2/7
sum of Rs.2,500/- (Rupees Two Thousand Five Hundred only) to his daughter as maintenance. However, the third respondent did not pay the said amounts. Hence, the petitioner filed Crl.M.P.No.2483 of 2017 before the learned Judicial Magistrate, Andipatti, to pay the arrears of Rs.3,02,500/- (Rupees Three Lakhs Two Thousand Five Hundred only) from 16.12.2010 to 17.10.2014 and the learned Judicial Magistrate was pleased to pass the order to attach a sum of Rs.10,000/- (Rupees Ten Thousand only) from the salary of the third respondent every month in the order dated 17.05.2019. Despite the directions issued by the Judicial Magistrate, Andipatti, the respondents 1 and 2 have not attached the salary of the third respondent and in the meantime, the third respondent retired from service on 30.04.2020. Hence, the present writ petition has been filed.
3. The learned counsel appearing for the petitioner would submit that this Court may direct the respondents 1 and 2 to deduct the arrears of Rs.3,02,500/- (Rupees Three Lakhs Two Thousand Five Hundred only) from the retiral benefits of the third respondent and pay the balance 3/7
amount to the third respondent.
4. Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the respondents 1 and 2. Though the name of the third respondent is printed in the cause list, there is no representation for the third respondent.
5. The facts in the present case are not in dispute. Admittedly, there was an order directing the third respondent to pay the arrears of Rs.3,02,500/- (Rupees Three Lakhs Two Thousand Five Hundred only) for the period from 16.12.2010 to 17.10.2014. The total arrears, as on date, is Rs.3,02,500/- (Rupees Three Lakhs Two Thousand Five Hundred only). This Court, by order dated 03.09.2020, while entertaining the writ petition, directed the official respondents 1 and 2 to retain a sum of Rs.3,02,500/- (Rupees Three Lakhs Two Thousand Five Hundred only) from the salary of the third respondent. Hence, the Official respondents 1 and 2 are directed to deposit the said sum of Rs.3,02,500/- (Rupees Three Lakhs Two Thousand Five Hundred only) to the file of the learned 4/7
Judicial Magistrate, Andipatti, in M.C.No.17 of 2010. On such deposit being made, the learned Judicial Magistrate, Andipatti, is directed to issue notice to the petitioner and the third respondent and pass appropriate orders as expeditiously as possible. The balance terminal benefits shall be disbursed to the third respondent, if not disbursed.
6. With these directions, this Writ Petition is disposed of. No costs. Connected miscellaneous petition is closed.
02.01.2023 ssb NCC:Yes/No Index:Yes/No Internet:Yes/No 5/7
To 1.The General Manager, Administration, Tamil Nadu State Corporation Limited, Madurai Zone, Madurai.
2.The Branch Manager, Tamil Nadu State Corporation Limited, Chekkanoorani, Madurai.
6/7
M.DHANDAPANI,J.
ssb 02.01.2023 7/7