Madras High CourtWP(MD)/12857/2022disposed of

Vimala v. The District Collector

2022-06-23Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.12857 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.12857 of 2022 Vimala ... Petitioner Vs

1. The District Collector, Madurai District, Madurai.

2. The Revenue Divisional Officer, Thirumangalam, Madurai District.

3. The Superintendent of Police, Madurai District, Madurai.

4. The Inspector of Police, Kallikudi Police Station, Madurai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation, dated 22.04.2022 and 14.06.2022 within a time frame stipulated by this Court.

For Petitioner : Mr.R.Manoharan For Respondents : Mr.M.Sarangan Additional Government pleader

ORDER

Heard the learned counsel appearing for the writ petitioner and the learned Additional Government Pleader appearing for the respondents.

2. The petitioner's father Manoharan had two wives. The petitioner was born to the second wife. Through the first wife, one Jeyaseelan was born. Manoharan had moved the Maintenance Tribunal and had obtained certain orders in his favour against his son Jeyaseelan. It appears that the said Jeyaseelan had not complied with the direction of the Maintenance Tribunal. In the meanwhile, Manoharan passed away. It appears that the petitioner https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.12857 of 2022 wants the said order to be enforced. She also has alleged that the fourth respondent must register an FIR against the said Jeyaseelan for the criminal acts committed by him on 01.02.2022. If the object of the petitioner is to prosecute the said Jeyaseelan, the remedy is elsewhere. She has to file a private complaint or move this Court under Section 482 Cr.P.C. The petitioner can file petition for enforcing the maintenance order passed in favour of Manoharan, so that, as the legal heir of the deceased Manoharan she can get some share. It is open to her to file such a petition and if such petition is filed, the second respondent shall dispose it of as expeditiously as possible after due notice to Jeyaseelan.

3. With this liberty to the petitioner and direction to the second respondent, the writ petition is disposed of. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) mga To

1. The District Collector, Madurai District, Madurai.

2. The Revenue Divisional Officer, Thirumangalam, Madurai District.

3. The Superintendent of Police, Madurai District, Madurai.

4. The Inspector of Police, Kallikudi Police Station, Madurai District.

1 CC to M/s.R. MANOHARAN, Advocate ( SR-27822[F] dated 23/06/2022 ) +1 CC to M/s.SPL.GP ( SR-27987[F] dated 24/06/2022 ) W.P.(MD)No.12857 of 2022 23.06.2022 USK/05.07.2022/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2