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Madras High CourtWP(MD)/9624/2019dismissed

S.Murugandam v. The General Manager

2019-07-24Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR W.P(MD)No.9624 of 2019 and WMP(MD).No.7559 of 2019 S.Muruganandam ... Petitioner Vs.

1.The General Manager, Tamil Nadu Transport Corporation, Collector Office Road, Melaguparai, Trichy -1.

2.The Managing Director, Tamil Nadu Transport Corporation, Kumbakonam, Thanjavur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus forbearing the respondents not to deduct the loan amounts and also the maintenance amount simultaneously causing financial crises to the petitioner based on the petitioner's representation dated 20.03.2019.

For Petitioner : Mr. M. Kumar For Respondents : Mr. D. Sivaraman Standing Counsel

ORDER

This writ petition has been filed for forbearing the respondents not to deduct the loan amounts and also the maintenance amount simultaneously, which causes financial crisis to the petitioner, based on his representation, dated 20.03.2019.

2. Today, when the matter was taken up for hearing, Mr. D.Sivaraman, learned Standing Counsel appearing for the respondents / Corporation submitted before this Court that pursuant to the order passed in I.A.No.3 of 2014 in HMOP.No.9 of 2014, on the file of the Family Court, Trichy, directing the respondents to pay a sum of Rs.9,000/- per month as interim maintenance to the petitioner's wife and her minor son, the said https://hcservices.ecourts.gov.in/hcservices/

amount has to be deducted from the salary of the petitioner for every month. He would further submit that a sum of Rs.3,500/- per month also to be deducted from the petitioner's salary, for the loan obtained by him, through Employees Co-operative Societies, as per the tripartite agreement entered between the parties. Hence, the prayer in the Writ Petition cannot be granted and the same is liable to be rejected.

3. Considering the contention raised by the respondents / Corporation that the maintenance amount of Rs.9,000/- as well as installment amount due for availing the loan from the Society to be deducted from petitioner's salary and the same has to be paid to the petitioner's wife as well as Co-operative Society, this Court is not inclined to entertain this petition.

4. Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To 1.The General Manager, Tamil Nadu Transport Corporation, Collector Office Road, Melaguparai, Trichy -1.

2.The Managing Director, Tamil Nadu Transport Corporation, Kumbakonam, Thanjavur District.

+1 CC to Mr.D.SIVARAMAN, Advocate ( SR-77416[F] dated 25/07/2019 ) +1 CC to Mr.M.KUMAR, Advocate ( SR-77504[F] dated 25/07/2019 ) W.P(MD)No.9624 of 2019 and WMP(MD).No.7559 of 2019 24.07.2019 trp AE/(01.08.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/